Last updated: March 30, 2020
USA Mobile Drug Testing has you covered no matter where you’re located in Minnesota. We administer all types of Minnesota drug testing.
If a testing facility is further than you care to have your employees travel, no worries! We’ll send a collection specialist to administer employee drug tests at your location—24/7/365!
Just think of the gratitude you’ll get from the night shift if we show up to handle testing during their shift! Okay, maybe, they won’t be exuding gratitude, it is a drug test after all. But, you can bet they’ll appreciate not having their sleep cycle interrupted to report to a testing site during normal business hours.
Furthermore, employees working on a job site won’t have to pull away leaving the crew undermanned while they head off to a test facility.
The benefits of using our mobile drug testing service don’t stop with the convenience of having the test come to the employees rather than the employees coming to the test. We also offer Drug-Free Workplace programs, employee education, supervisory training, and our DOT drug testing program is constantly monitored to stay on top of any regulation changes that will keep you in compliance no matter when an auditor pops in the door.
Call us at 800-851-2021 to schedule a Minnesota drug test now!
Minnesota drug testing locations
- Apple Valley
- Brooklyn Center
- Brooklyn Park
- Coon Rapids
- Cottage Grove
- Eden Prairie
- Elk River
- Inver Grove Heights
- Maple Grove
- Prior Lake
- St. Cloud
- St. Louis Park
- St. Paul
- White Bear Lake
Don’t see your city listed?
Let us help.
Call USA Mobile Drug Testing at 800-851-2021 and we’ll assist you in finding a location near you. Better yet, let us send a mobile collection specialist to you, anywhere throughout Minnesota— 24/7/365.
- 2200 West 66th St
- Richfield, MN 55423
- 600 County Rd D West Ste 11
- New Brighton, MN 55112
- 6525 France Ave S Ste 320
- Edina, MN 55435
- 1320 32nd Ave N
- St. Cloud, MN 56303
Minnesota drug testing laws
Minnesota has a very strict set of laws governing employers testing employees for drugs or alcohol. Known as the Drug and Alcohol Testing in the Workplace Act, the law places considerable restrictions and limitations on how drug testing in the workplace may be administered. It also regulates the actions an employer may take in the event an employee fails a drug test. This act applies to all employers located or doing business in the state of Minnesota and affects the testing of both job applicants and current employees.
There are 13 things all Minnesota employers must know about drug and alcohol testing in the workplace.
Have it in writing
All Minnesota employers who request any of their employees to undergo drug and alcohol testing must have a written drug testing policy that conforms to the strict requirements of the act.
Provide a written copy
Minnesota employers must provide a copy of their drug and alcohol testing policy to any employee the employer requests to take a drug or alcohol test along with a form to acknowledge receipt of the policy.
Job offers hinge on the result
Employers may only administer drug or alcohol tests to job applicants after extending a job offer to that applicant. Consequently, the job is contingent upon passing the drug test.
Employers may not administer random drug testing to employees unless regulated by the DOT or another federal entity. The State of Minnesota also allows random employee drug testing on an individual probationary basis for up to two years after completing a rehabilitation program.
Employers may request an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee:
- is under the influence of drugs or alcohol;
- has violated the employer’s rules prohibiting the use, possession, sale, or transfer of drugs or alcohol 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 drug and alcohol testing policy;
- has sustained a personal injury, or has caused another employee to sustain a personal injury;
- has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident.
Employers who require their employees to undergo drug or alcohol testing must use licensed, accredited or certified testing labs.
When the results are in
Employers must report test results to employees within three working days after receipt of the results.
Rights of the employee who tests positive
If an employee or job applicant tests positive for drug use; the employer must give written notice of the following rights:
- a right to request a copy of the test result report on any drug or alcohol test;
- the right to explain the positive test by indicating any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result;
- a right to request a confirmatory retest of the original sample at the employee’s or job applicant’s own expense;
- the statutory limitations on the withdrawal of a job offer or employee discharge or discipline on the basis of a positive test result.
Employers may not terminate an employee for the first positive test result for the employee on a drug or alcohol test requested by the employer unless the following conditions have been met:
- The employer has given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency.
- The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program.
Employers must give employees access to information in the employee’s personnel file relating to positive test result reports. Employees may also access other information acquired in the drug and alcohol testing process and any conclusions drawn from and actions taken based on the reports.
Test result reports and other information acquired in the drug or alcohol testing process are confidential information. It may not be disclosed by an employer to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee or job applicant tested. This regulation is subject to certain exceptions.
Protecting safety-sensitive employers
The employee and job applicant protections provided under the Act are subject to preemption by federal regulations. They don’t apply to employees and job applicants where the specific work performed requires those employees and job applicants to be subject to drug and alcohol testing pursuant to federal regulations, federal contracts, and state agency rules that adopt federal regulations.
An employer or laboratory that violates the Act is liable to an employee or job applicant for any damages allowable at law. If a violation is found and damages awarded, the court may also award reasonable attorney fees if the court finds that the employer knowingly or recklessly violated sections the Act.
When testing is permitted
Minnesota imposes restrictions on drug testing. Therefore, drug and alcohol testing is permitted only in the following circumstances:
Job applicant testing
If a job applicant has received a conditional job offer, the employer may require or ask that applicant to undergo testing, as long as all applicants who receive conditional job offers for the same position are required or asked to undergo testing.
Special conditions for cities
Under Minnesota law, a city may conduct controlled substance tests on job applicants only after the applicant has received a conditional offer of employment from the city. The special rules the city must meet to test job applicants include:
- The same test must be given to all applicants who are offered conditional employment for the same job. Therefore, a city can’t select only certain applicants for testing, based on educational experience, appearance, or any other characteristic.
- A detailed written policy must be developed and a notice of rights under the policy given to all applicants.
- The city must obtain consent before testing. Thus, it is recommended that before the testing, cities have an applicant sign an acknowledgment stating he or she has read the policy and understands that passing the test is a requirement of the job.
- Use an approved laboratory and follow proper chain-of-custody procedures.
- Follow requirements with regard to notifying applicants of the test results.
- Perform a confirmatory test on positive test results.
- Pay the cost of the testing and maintain test results confidentially.
If all of the requirements have been met, and an applicant’s test is positive, the city may withdraw its conditional job offer based on a confirmatory positive test result but must inform the applicant of the reason for the withdrawn offer.
Employers may not give pre-employment alcohol tests to job applicants to determine whether and how much alcohol an individual has consumed. Therefore, cities should not require applicants to submit to non-DOT pre-employment alcohol testing.
An employer may require employees to take a test as part of a routine physical offered by the employer, as long as the physical takes place no more than once a year and the employee receives at least two weeks’ written notice of the testing requirement.
An employer may require employees to submit to random testing only if they are employed in safety-sensitive positions, defined in the statute as jobs in which an impairment caused by drug or alcohol usage would threaten the safety or health of any person, or are professional athletes and subject to a collective bargaining agreement permitting random testing.
Reasonable suspicion testing
An employer may require an employee to take a test if there is a reasonable suspicion that the employee is under the influence of drugs or alcohol. Subsequently, some of the signs an employer can watch for include slurred speech, difficulty walking, and an inability to perform routine work tasks. If drug testing due to reasonable suspicion, the employee should be placed on leave until the results of the test. This helps ensure an intoxicated employee does not cause an accident or injury.
Treatment program testing
If an employer has referred an employee to a chemical dependency treatment or evaluation program or if the employee is participating in chemical dependency treatment under the employee’s benefit plan, the employer may request or require the employee to submit to testing without notice during the evaluation or treatment period and for two years after the end of any prescribed treatment.
Required employer policies
Minnesota employers who drug test must do so in accordance with a written drug and alcohol policy that meets state requirements.
- The policy must explain who is subject to testing under the policy and when testing may be requested or required.
- It must outline what disciplinary consequences may occur based on a confirmatory positive test result, the employee’s right to refuse to test, the consequences of refusal, and the employee’s right to explain a positive result on a test and to take and pay for a confirmatory retest.
The employer must give written notice of the policy to all employees. Furthermore, the employer must post a notice in an “appropriate and conspicuous” location at the workplace, stating that the drug testing policy exists and that the employer wishes to maintain a drug-free workplace.
Minnesota marijuana laws
Although Gov. Tim Walz has recently expressed support for recreational marijuana legalization, the public vote said no in 2019. Still, the governor has asked that the building blocks be put in place so all systems are “go” when the day comes.
Medical marijuana laws
Medical marijuana use became legal in Minnesota in 2014, however, the laws restrict users to only obtaining the drug in pill or liquid form. Furthermore, only two manufacturers are approved to distribute it to one of eight dispensaries in the state.
To obtain certification to use medical marijuana, you must suffer from one of the following conditions:
- Severe or chronic pain, nausea or severe vomiting, or cachexia—severe wasting away—associated with cancer
- Tourette syndrome
- Amyotrophic Lateral Sclerosis (ALS)
- Seizures, including those caused by Epilepsy
- Severe and persistent muscle spasms, as that characteristic of Multiple Sclerosis
- Chrohn’s disease or other inflammatory bowel diseases
- Terminal illness with a probable life expectancy of less than one year
- Intractable pain
- Post-Traumatic Stress Disorder
- Obstructive Sleep Apnea
- Alzheimer’s Disease
Minnesota’s Medical Cannabis law prohibits employers from refusing to hire, terminating, or otherwise penalizing a person if the discrimination is based upon either of the following:
- The person’s status as a patient enrolled in the medical marijuana registry program.
- The patient’s positive drug test for cannabis components or metabolites, unless it’s proven the patient used, possessed, or was impaired by medical cannabis on the job.
The MHRA (Minnesota Human Rights Act) doesn’t require employers to accommodate medical marijuana use or impairment at work. However, employers may need to accommodate someone who uses the drug by, say, cutting them back to part-time, altering work hours, or granting leaves of absence.
Unless regulated by the DOT or another federal entity, employers are free to choose the drug testing method that works best for the company.
Urine drug test
Not surprisingly, the urine drug test accounts for over 90% of employee drug tests. They’re cost-effective and— thanks to the continuous work of dedicated scientists to better the tests—have become very effective at detecting specimens that have been tampered with in some way.
Drug users hoping to mask drug use drink water or other adulterants that claim to “detoxify” the system, thereby, ridding the body of drug metabolites. Moreover, word of mouth and internet claims abound as to the success of others who’ve “passed” the test using market products or home remedies. These things may have worked back in the early days of drug testing, however, these days it is rarely the case.
Urine tests detect drug use from a few hours after ingesting the drug to a few days or weeks later. However, in the case of marijuana use, drug metabolites can remain in a heavy user’s system for up to 45 days.
Employers who use this test method can expect the results in less than a week.
Hair follicle drug test
The hair follicle drug test affords employers the longest window of detection. Specifically, these tests identify any and all drug use for a ninety-day period making the cost factor less relevant in the eyes of many employers.
The drug metabolites stored within the hair follicles grow out into the hair shaft literally becoming part of the hair. This leaves a permanent record of drug use. In fact, the test is not limited to a 90-day detection window. It’s estimated that human hair grows at the rate of about one-half inch per month. The standard length of hair used for the hair follicle test is one and one-half inches.
Occasionally, laboratories are requested to test for a specific period of time. They accommodate these requests by increasing the length of hair used for testing.
It takes about a week to receive results.
Saliva drug test
The saliva drug test is gaining popularity.
The Department of Health and Human Services just announced that it will become an acceptable testing method for all federally regulated employees effective on January 1, 2020. The urine method remains an acceptable method as well.
The saliva drug test is often chosen for random testing as it detects recent drug use. It also identifies current impairment. Oral fluid tests identify drugs within minutes and up to seventy-two hours, depending on the type of drug ingested.
Results return in a few days.
We only use the latest drug testing technology, here, at USA Mobile Drug Testing. Our standard test panels, such as the 5, 9, 10, or 12 panel tests identify a variety of drugs. However, we don’t limit our customers to our choices. Employers are free to replace any drug on the panel with another, add additional panels to the standard choices, or even to create a unique test panel of their own.
All test panels easily apply to the urine, saliva, or hair follicle drug test.
Various time frames
While it’s true that the length of time drugs are detected differs among the test methods, there are other factors that come into play in regard to the drugs themselves.
The amount of time that a drug stays in someone’s system can vary between individuals. Genetics determines how quickly the body completes the metabolization process. Therefore, some people metabolize substances faster than others.
Other reasons may be due to:
- Age—Young people tend to metabolize things faster than older people.
- BMI—Someone that’s a little heavier and has a higher level of fat is likely to retain drug metabolites longer than someone who’s lean. Drug metabolites store themselves in fat cells and we all know they can really hold on tight.
- Dosage and frequency of use—It just makes sense that increasing both of these things increases the amount of time the drug remains in the system.
Department of Transportation not sitting still
The DOT (Department of Transportation) is moving forward with plans to further deter drug use among safety-sensitive employees. Its last attempt was met with approval when the DOT drug test added an extended opiate panel to test for synthetic opioids, specifically hydrocodone, hydromorphone, oxycodone, and oxymorphone back in January 2018.
January 2020 sets the stage for change as well. On January 1st, regulations allowing the use of the mouth swab drug test become effective. The HSS released the Guidelines on October 25th of this year and it’s a welcome alternative to the urine test.
Also in January, the FMCSA Clearinghouse database opens for business. The Clearinghouse’s only purpose is to track unresolved drug or alcohol violations. Employers must be preregistered and ready to submit queries on any potential new hires in their safety-sensitive industry. Furthermore, employers will continue to contact past employers until January 6, 2023.
At that time, employers only need to access the Clearinghouse regarding past employment.
We offer DOT drug testing programs that are customized to meet your specific needs all while keeping you in compliance. We’re ready to handle your Clearinghouse queries and every other aspect of following DOT regulations.
FAQ’s—Employee questions and concerns
Can Minnesota employers randomly drug test?
Only if they’re regulated by the DOT or other federal entity or if you’re undergoing a rehabilitation program that is covered by your employee benefits or if you’ve been referred or requested by your employer to enter rehab.
Can I keep my job if I admit to my employer that I have a drug problem and want to seek help?
An employer may request you to undergo drug testing if you’re seeking treatment under an employee benefit plan and those tests will be random. You may also be randomly tested for a period of up to two years after completing the program if stipulated so in your employer’s drug testing policy.
In addition, if you need to seek leave for your rehabilitation, you may be covered under Minnesota’s Family Medical Leave Act.
As an owner-operator, can I query myself?
No. You will need to appoint your C/TPA as your designated representative. However, you may register as a driver and query the database at any time free of charge.