An employer is largely responsible for its employees and their actions while they are clocked in. An employee under the influence of drugs not only reflects poorly on the company image, but also can be tremendously costly. If an employee under the influence of drugs harms a client or another employee, your company and/or company’s insurance provider could be liable for any expenses.

Companies with employees in safety sensitive positions may require employees to participate in random drug testing. If the employee is in a position where they are responsible for the health or safety of any person, including themselves, they are considered to be in a safety sensitive position.

Under certain circumstances, an employer may require a drug test of any employee if:

  • It is required as part of a conditional job offer,
  • The employee is filing a workers’ compensation claim,
  • While on the clock the employee is responsible for another person’s injury,
  • An employer has reasonable suspicion that an employee is under the influence of drugs or alcohol,
  • An employee is enrolled in chemical treatment program under the benefit plan offered by the employer, or
  • The employer provides and requires each employee to participate in a physical examination no more than one time per year.

In order to conduct any drug testing, an employer must remain complaint with Minnesota’s Drug and Alcohol Testing in the Workplace Act. The Act requires that employers have a written drug and alcohol policy that meets numerous statutory requirements.

If your company currently uses or plans to use drug testing on your employees, it is best to speak with an experienced employment attorney. An employment attorney can ensure your company handbook, policies, and supervisors are compliant with all applicable laws.

New Laws Effective 2015

As of 2015, Minnesota legalized the use of medical marijuana. It is highly recommended that you speak with an employment attorney regarding the changes that could effect your company and it’s drug testing policies.