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An employer may request or require a job applicant to undergo drug and alcohol testing provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position. If the job offer is withdrawn, as provided in section An employer may request or require an employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested or required no more than once annually and the employee has been given at least two weeks' written notice that a drug or alcohol test may be requested or required as part of the physical examination. An employer may request or require employees to undergo cannabis testing or drug and alcohol testing on a random selection basis only if 1 they are employed in safety-sensitive positions, or 2 they are employed as professional athletes if the professional athlete is subject to a collective bargaining agreement permitting random testing but only to the extent consistent with the collective bargaining agreement. An employer may request or require an employee to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable suspicion that the employee:. An employer may request or require an employee to undergo cannabis testing and drug and alcohol testing if the employee has been referred by the employer for substance use disorder treatment or evaluation or is participating in a substance use disorder treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo cannabis testing and drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed substance use disorder treatment program. Employers do not have a legal duty to request or require an employee or job applicant to undergo drug or alcohol testing as authorized in this section. For the following positions, cannabis and its metabolites are considered a drug and subject to the drug and alcohol testing provisions in sections Menu House Minnesota House of Representatives. Minnesota Senate. Joint Departments, Offices, and Commissions. Schedules, Calendars, and Legislative Business. Legislative Committees. Statutes, Laws, and Rules. Office of the Revisor of Statutes. Revisor Menu. Authenticate PDF. This section has been affected by law enacted during the Regular Session. More info Limitations on testing. Job applicant testing. Routine physical examination testing. Random testing. Reasonable suspicion testing. An employer may request or require an employee to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable suspicion that the employee: 1 is under the influence of drugs or alcohol; 2 has violated the employer's written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products while the employee is working or while the employee is on the employer's premises or operating the employer's vehicle, machinery, or equipment, provided the work rules are in writing and contained in the employer's written cannabis testing or drug and alcohol testing policy; 3 has sustained a personal injury, as that term is defined in section Treatment program testing. No legal duty to test. Limitations on cannabis testing. Cannabis testing exceptions. Paul, MN

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