Drug & Alcohol Testing
IF YOU'RE SUBJECT TO A DRUG OR ALCOHOL TEST FOR WORK YOU HAVE RIGHTS.
While Minnesota employers are not required to administer drug and alcohol tests on employees and applicants, many frequently do. Thankfully, most Minnesota employees are protected by the Minnesota Drug and Alcohol Testing Act (“DATWA”).
DATWA is one of the strictest drug testing statutes in the nation, providing limits on: (1) when an employer can require an employee to take a drug or alcohol test; (2) how the drug or alcohol test is administered; (3) what employers must tell employees about their rights under the law, and; (5) what an employer can do with the results of an alcohol or drug test.
JUST BECAUSE YOUR EMPLOYER REQUIRED YOU TO TAKE A DRUG TEST, DOESN’T MEAN THEY WERE ALLOWED TO BY LAW.
DATWA limits when an employer can require an employee to take a drug or alcohol test and creates requirements about what the employer must provide an employee before they can require the employee to take a drug or alcohol test.
COMMON VIOLATIONS OF DATWA INCLUDE:
Requiring an employee to take a drug test even though the employer does not have a written drug testing policy.
Requiring employees to undergo “random” drug tests, even though those employees are not in “safety-sensitive” positions.
Requiring an employee to take a drug test even though they never received a copy of the employer’s drug testing policy.
JUST BECAUSE YOUR EMPLOYER HAS A WRITTEN DRUG TESTING POLICY IT DOESN’T MEAN THEY WERE ALLOWED TO REQUIRE YOU TO TAKE A DRUG TEST.
Many employees mistakenly believe their employer can require them to take a drug or alcohol test simply because their employer has a written drug and alcohol testing policy. If an employer’s written drug and alcohol testing policy does not comply with DATWA, then the drug or alcohol test in not authorized by law and you should not have been tested.
This is one of the more common violations of DATWA. It is important to have an attorney review your employer’s drug testing policy to make sure that it complies with DATWA.
EVEN IF YOU TEST POSITIVE FOR DRUGS OR ALCOHOL, YOU STILL HAVE RIGHTS.
Perhaps DATWA’s greatest protections are afforded to employees who test positive for drugs or alcohol. An employer may not terminate a current employee based on a first positive test result without giving the employee an opportunity to participate in a treatment or rehabilitation program. But if an employee refuses such treatment or rehabilitation, the employer can terminate the employee.
DATWA also has strict requirements about information that must be provided to employees in connection with drug or alcohol testing. If an employer fails to provide this information and notices, it may be violating the law. Even if you are an independent contractor, you may be covered by DATWA.
Unlike many employment laws in Minnesota, “independent contractors” are included in DATWA’s protections. “Independent contractors” are provided the same rights and protections provided to traditional “employees” under DATWA.
DATWA still, however, does not apply to all employees in Minnesota. For example, certain drug-testing regimens enforced by federal law may “preempt” DATWA, meaning that some protections may not apply to you.
WHAT YOU SHOULD KNOW.
While DATWA has been the law for decades, violations routinely occur. This page provides an overview of the law, but does not detail all the specifics of DATWA or identify all potential violations of the law. DATWA is a complicated statute and you should consider consulting with an attorney if you were tested for drugs and/or alcohol at work. Leland Conners offers free consultations and is willing to discuss the specifics of your situation at no cost.
This page is meant to be a primer on the law, does not constitute legal advice, and does not establish an attorney-client relationship. Not all employers and employees in Minnesota are subject to DATWA, and it is important to consult with an attorney to determine if DATWA applies to you. More information about Minnesota's Drug and Alcohol Testing in the Workplace Act can be found at the Leland Conners "resources" page, which is accessible here.
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