Minnesota Legislature
HF 4761
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 03:46pm
Bill Text Versions
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| Introduction | Posted on 03/07/2024 |
Current Version - as introduced
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A bill for an act
relating to labor; clarifying workplace testing for cannabis; amending Minnesota
Statutes 2022, sections 181.950, subdivision 10; 181.952, as amended; Minnesota
Statutes 2023 Supplement, sections 181.951, subdivisions 4, 5, 8; 181.954,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 181.950, subdivision 10, is amended to read:
Subd. 10.
Positive test result.
"Positive test result" means a finding of the presence of
drugs, new text begin cannabis, new text end alcohol, or their metabolites in the sample tested in levels at or above the
threshold detection levels contained in the standards of one of the programs listed in section
181.953, subdivision 1.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 181.951, subdivision 4, is amended
to read:
Subd. 4.
Random testing.
An employer may request or require employees to undergo
cannabis testing deleted text begin ordeleted text end new text begin andnew text end 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.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 181.951, subdivision 5, is amended
to read:
Subd. 5.
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 drugsnew text begin , cannabis,new text end or alcohol;
(2) has violated the employer's written work rules prohibiting the use, possession,
new text begin impairment, new text end 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 176.011, subdivision
16, or has caused another employee to sustain a personal injury; or
(4) has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident.
Sec. 4.
Minnesota Statutes 2023 Supplement, section 181.951, subdivision 8, is amended
to read:
Subd. 8.
Limitations on cannabis testing.
(a) An employer must not request or require
a job applicant to undergo cannabis testing deleted text begin solely for the purpose of determining the presence
or absence of cannabisdeleted text end as a condition of employment unless otherwise required by state or
federal law.
(b) Unless otherwise required by state or federal law, an employer must not refuse to
hire a job applicant solely because the job applicant submits to a cannabis test or a drug and
alcohol test authorized by this section and the results of the test indicate the presence of
cannabis.
(c) An employer must not request or require an employee or job applicant to undergo
cannabis testing on an arbitrary or capricious basis.
(d) Cannabis testing authorized under deleted text begin paragraph (d)deleted text end new text begin this sectionnew text end must comply with the
safeguards for testing employees provided in sections 181.953 and 181.954.
Sec. 5.
Minnesota Statutes 2022, section 181.952, as amended by Laws 2023, chapter 63,
3.2 article 6, section 38, is amended to read:
181.952 POLICY CONTENTS; PRIOR WRITTEN NOTICE.
Subdivision 1.
Contents of the policy.
An employer's drug and alcohol new text begin and cannabis
new text end testing policy must, at a minimum, set forth the following information:
(1) the employees or job applicants subject to testing under the policy;
(2) the circumstances under which drug or alcohol new text begin and cannabis new text end testing may be requested
or required;
(3) the right of an employee or job applicant to refuse to undergo drug and alcohol new text begin and
cannabis new text end testing and the consequences of refusal;
(4) any disciplinary or other adverse personnel action that may be taken based on a
confirmatory test verifying a positive test result on an initial screening test;
(5) the right of an employee or job applicant to explain a positive test result on a
confirmatory test or request and pay for a confirmatory retest; and
(6) any other appeal procedures available.
Subd. 2.
Notice.
An employer shall provide written notice of its drug and alcohol testing
new text begin and cannabis testing new text end policy to all affected employees upon adoption of the policy, to a
previously nonaffected employee upon transfer to an affected position under the policy, and
to a job applicant upon hire and before any testing of the applicant if the job offer is made
contingent on the applicant passing drug and alcohol testing. An employer shall also post
notice in an appropriate and conspicuous location on the employer's premises that the
employer has adopted a drug and alcohol testing new text begin and cannabis testing new text end policy and that copies
of the policy are available for inspection during regular business hours by its employees or
job applicants in the employer's personnel office or other suitable locations.
Subd. 3.
Cannabis deleted text begin policydeleted text end new text begin work rulesnew text end .
(a) Unless otherwise provided by state or federal
law, an employer is not required to permit or accommodate cannabis flower, cannabis
product, lower-potency hemp edible, or hemp-derived consumer product use, possession,
impairment, sale, or transfer while an employee is working or while an employee is on the
employer's premises or operating the employer's vehicle, machinery, or equipment.
(b) An employer may only enact and enforce written work rules prohibiting cannabis
flower, cannabis product, lower-potency hemp edible, and hemp-derived consumer product
use, possession, impairment, sale, or transfer while an employee, is working or while an
employee is on the employer's premises or operating the employer's vehicle, machinery, or
equipment in a written policy that contains the minimum information required by this section.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 181.954, subdivision 1, is amended
to read:
Subdivision 1.
Privacy limitations.
A laboratory may only disclose to the employer test
result data regarding the presence or absence of drugs,new text begin cannabis,new text end alcohol, or their metabolites
in a sample tested.