Minnesota Workplace Drug Testing Laws: Your Rights Under DATWA

Minnesota has one of the strictest workplace drug and alcohol testing laws in the country. The Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. §§ 181.950–181.957, controls when an employer can test, how the test is carried out, and what it may do with the results. It also gives workers who test positive real protection against immediate discipline or firing.

Does a Minnesota employer have to drug test?

No. Minnesota doesn't require any employer to test applicants or employees for drugs or alcohol. Testing is optional, but an employer that chooses to test must follow DATWA's rules from start to finish.

Does my employer have to tell me about its drug testing policy?

Yes. An employer that tests must have a written policy spelling out who can be tested, when, and what rights tested workers have. Employees must receive a copy, and notice of the policy has to be posted somewhere conspicuous. Before any test, the employer must also give you a form acknowledging that you've seen the policy.

When can an employer drug test you in Minnesota?

DATWA bars arbitrary or capricious testing and allows it only in specific situations:

• Job applicants, but only after a conditional job offer has been made
• Routine physical exams, limited to once a year and with two weeks' written notice
• Random testing, reserved for employees in safety-sensitive positions and professional athletes
• Reasonable suspicion that an employee is under the influence at work, has broken the employer's drug or alcohol rules, or caused or was hurt in a work-related accident
• Chemical dependency treatment, when the employer referred the employee or the employee is in a treatment program through an employee benefit plan

Who isn't covered by DATWA?

Some workers fall under federal testing rules that preempt DATWA. That group includes commercial drivers, railroad, transit, and pipeline workers, commercial vessel crews, nuclear power plant staff, Department of Energy workers, and employees of defense contractors.

Where does a workplace drug test take place?

At an independent testing laboratory. Your employer can't run the test itself, and it can't use a lab it owns or operates.

What are your rights after a positive drug test?

The employer has three working days to share any test result with you. A positive result triggers several rights:

1. You can explain the result and disclose prescription medications you've recently taken that may have affected it.
2. You must be told you can request a confirmatory retest of the original sample, at your own cost.
3. A current employee can't be disciplined or fired until a confirmatory test verifies the original result.

Can you be fired for a first positive drug test in Minnesota?

Generally, no. Even when a confirmatory test comes back positive, a first-time positive result doesn't justify firing on its own. The employer must first offer counseling or rehabilitation, which the employee pays for. Discipline or discharge becomes an option only if the employee refuses that program, doesn't complete it, or has tested positive with the same employer before.

Can an employer retaliate for asserting DATWA rights?

No. DATWA protects employees who assert their testing rights from retaliation. Pushing back on an improper test, requesting a retest, or questioning how your employer handled a result can't lawfully be held against you.

Are medical cannabis users protected from drug testing?

Often, yes. Minnesota law generally bars discrimination against applicants and employees who are enrolled in the state's medical cannabis registry or who test positive for cannabis. That protection doesn't apply if the employee used, possessed, or was impaired by cannabis at work or during work hours, and other exceptions exist. When medical cannabis use is tied to a disability, you may also be entitled to an accommodation, and a firing over that use could support a disability discrimination claim under the Minnesota Human Rights Act.

Talk to Wanta Thome about a drug testing dispute

If your employer tested you outside DATWA's limits, skipped a confirmatory test, or let you go over a first positive result, Wanta Thome can review what happened. Contact us for a free consultation.