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Minnesota Amends Drug Testing Law to Allow Oral Fluid Testing

Under Minnesota’s drug testing law, an employer may not request or require an employee or job applicant to undergo drug or alcohol testing unless the testing is done pursuant to a written drug and alcohol testing policy that and is conducted by a licensed, accredited, or certified laboratory. The amended law adds a separate process for oral fluid testing for drugs, cannabis and alcohol.

Under the amended law, when drug and alcohol testing or cannabis testing is otherwise authorized, an employer may request an employee or job applicant to undergo oral fluid testing as follows:

  • The oral fluid testing does not require the services of a testing laboratory.
  • The employee must be informed of the test result at the time of the oral fluid test.
  • Within 48 hours of an oral fluid test that indicates a positive test result or that is inconclusive or invalid, the employee or job applicant may request drug or alcohol testing or cannabis testing at no cost to the employee or job applicant using the services of a testing laboratory.
  • If the laboratory test indicates a positive result, any subsequent confirmatory retest, if requested by the employee or job applicant, must be conducted following the drug testing law’s retest procedures.

“Oral fluid test” means analysis of a saliva sample for the purpose of measuring the presence of the same substances as drug and alcohol testing and cannabis testing that:

  • Can detect drugs, alcohol, cannabis, or their metabolites in levels at or above the threshold detection levels contained in the standards of one of the programs listed in state’s drug testing law; and
  • Does not require the services of a testing laboratory.

The amended law is effective on August 1, 2024.