Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 3276

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12
1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21
1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28
2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18
3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2
4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14
4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22
4.23 4.24 4.25 4.26 4.27 4.28
4.29 4.30 4.31 5.1 5.2 5.3 5.4

A bill for an act
relating to labor; authorizing on-site testing for alcohol use by employees;
amending Minnesota Statutes 2006, sections 181.950, subdivisions 5, 8, 10;
181.951, subdivision 1; 181.953, subdivisions 1, 7, 9, by adding a subdivision;
181.954, subdivisions 1, 2; 181.956, subdivisions 2, 3; 181.957, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 181.950, subdivision 5, is amended to read:


Subd. 5.

Drug and alcohol testing.

"Drug and alcohol testing," "drug or alcohol
testing," and "drug or alcohol test" mean analysis of a body component sample according
to the standards established under one of the programs new text begin or protocols new text end listed in section
181.953, subdivision 1new text begin or 3anew text end , for the purpose of measuring the presence or absence of
drugs, alcohol, or their metabolites in the sample tested.

Sec. 2.

Minnesota Statutes 2006, section 181.950, subdivision 8, is amended to read:


Subd. 8.

Initial screening test.

"Initial screening test" means a drug or alcohol test
which uses a method of analysis under one of the programs new text begin or protocols new text end listed in section
181.953, subdivision 1new text begin or 3anew text end .

Sec. 3.

Minnesota Statutes 2006, 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, 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 new text begin or protocols
new text end listed in section 181.953, subdivision 1new text begin or 3anew text end .

Sec. 4.

Minnesota Statutes 2006, section 181.951, subdivision 1, is amended to read:


Subdivision 1.

Limitations on testing.

(a) An employer may not request or require
an employee or job applicant to undergo drug and alcohol testing except as authorized
in this section.

(b) 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 contains the minimum information required in section 181.952; anddeleted text begin ,deleted text end is
conducted by a testing laboratory which participates in one of the programs listed in section
181.953, subdivision 1new text begin , or is conducted according to section 181.953, subdivision 3anew text end .

(c) An employer may not request or require an employee or job applicant to undergo
drug and alcohol testing on an arbitrary and capricious basis.

Sec. 5.

Minnesota Statutes 2006, section 181.953, subdivision 1, is amended to read:


Subdivision 1.

Use of licensed, accredited, or certified laboratory required.

(a)
new text begin Except as provided in subdivision 3a, new text end an employer who requests or requires an employee
or job applicant to undergo drug or alcohol testing shall use the services of a testing
laboratory that meets one of the following criteria for drug testing:

(1) is certified by the National Institute on Drug Abuse as meeting the mandatory
guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988;

(2) is accredited by the College of American Pathologists, 325 Waukegan Road,
Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program;
or

(3) is licensed to test for drugs by the state of New York, Department of Health,
under Public Health Law, article 5, title V, and rules adopted under that law.

(b) new text begin Except as provided in subdivision 3a, new text end for alcohol testingdeleted text begin ,deleted text end the laboratory must
either be:

(1) licensed to test for drugs and alcohol by the state of New York, Department of
Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or

(2) accredited by the College of American Pathologists, 325 Waukegan Road,
Northfield, Illinois, 60093-2750, in the laboratory accreditation program.

Sec. 6.

Minnesota Statutes 2006, section 181.953, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin On-site alcohol testing. new text end

new text begin (a) In lieu of conducting an initial screening test
for alcohol under subdivision 3, an employer may conduct an initial screening test for
alcohol using the procedures in paragraphs (b) and (c). On-site testing may not be used
for substances other than alcohol. All other provisions of sections 181.950 to 181.957
apply to on-site alcohol testing.
new text end

new text begin (b) On-site alcohol testing must be conducted by a screening test technician or
breath alcohol technician who is trained using procedures equivalent to those in Code of
Federal Regulations, title 49, subpart J, sections 40.211 to 40.217. The technician may
be an employee of the employer or of an outside contractor. Testing must be conducted
using procedures equivalent to those in Code of Federal Regulations, title 49, subparts K,
sections 40.221 to 40.235, and L, sections 40.241 to 40.247.
new text end

new text begin (c) A positive test must be confirmed using a confirmatory retest.
new text end

Sec. 7.

Minnesota Statutes 2006, section 181.953, subdivision 7, is amended to read:


Subd. 7.

Notice of test results.

Within three working days after receipt of a test
result report from deleted text begin thedeleted text end new text begin anew text end testing laboratorynew text begin or from on-site testing under subdivision 3anew text end , an
employer shall inform in writing an employee or job applicant who has undergone drug or
alcohol testing of (1) a negative test result on an initial screening test or of a negative or
positive test result on a confirmatory test and (2) the right provided in subdivision 8. In the
case of a positive test result on a confirmatory test, the employer shall also, at the time
of this notice, inform the employee or job applicant in writing of the rights provided in
subdivisions 6, paragraph (b), 9, and either subdivision 10 or 11, whichever applies.

Sec. 8.

Minnesota Statutes 2006, section 181.953, subdivision 9, is amended to read:


Subd. 9.

Confirmatory retests.

An employee or job applicant may request a
confirmatory retest of the original sample at the employee's or job applicant's own expense
after notice of a positive test result on a confirmatory test. Within five working days
after notice of the confirmatory test result, the employee or job applicant shall notify the
employer in writing of the employee's or job applicant's intention to obtain a confirmatory
retest. Within three working days after receipt of the notice, the employer shall new text begin conduct a
retest under subdivision 3 if the test was conducted under subdivision 3a. If the initial
test was conducted under subdivision 1, the employer must
new text end notify the original testing
laboratory that the employee or job applicant has requested the laboratory to conduct the
confirmatory retest or transfer the sample to another laboratory licensed under subdivision
1 to conduct the confirmatory retest. The original testing laboratory shall ensure that the
chain-of-custody procedures in subdivision 3 are followed during transfer of the sample to
the other laboratory. The confirmatory retest must use the same drug or alcohol threshold
detection levels as used in the original confirmatory test. If the confirmatory retest does
not confirm the original positive test result, no adverse personnel action based on the
original confirmatory test may be taken against the employee or job applicant.

Sec. 9.

Minnesota Statutes 2006, section 181.954, subdivision 1, is amended to read:


Subdivision 1.

Privacy limitations.

A laboratory new text begin or outside contractor under
subdivision 3a
new text end may only disclose to the employer test result data regarding the presence or
absence of drugs, alcohol, or their metabolites in a sample tested.

Sec. 10.

Minnesota Statutes 2006, section 181.954, subdivision 2, is amended to read:


Subd. 2.

Confidentiality limitations.

Test result reports and other information
acquired in the drug or alcohol testing process are, with respect to private sector
employees and job applicants, private and confidential information, and, with respect to
public sector employees and job applicants, private data on individuals as that phrase is
defined in chapter 13, and may not be disclosed by an employernew text begin , outside contractor,new text end or
laboratory 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.

Sec. 11.

Minnesota Statutes 2006, section 181.956, subdivision 2, is amended to read:


Subd. 2.

Damages.

In addition to any other remedies provided by law, an employernew text begin ,
outside contractor,
new text end or laboratory that violates sections 181.950 to 181.954 is liable to
an employee or job applicant injured by the violation in a civil action for any damages
allowable at law. If a violation is found and damages awarded, the court may also award
reasonable attorney fees for a cause of action based on a violation of sections 181.950
to 181.954 if the court finds that the employer knowingly or recklessly violated sections
181.950 to 181.954.

Sec. 12.

Minnesota Statutes 2006, section 181.956, subdivision 3, is amended to read:


Subd. 3.

Injunctive relief.

An employee or job applicant, a state, county, or city
attorney, or a collective bargaining agent who fairly and adequately represents the interests
of the protected class has standing to bring an action for injunctive relief requesting the
district court to enjoin an employernew text begin , outside contractor,new text end or laboratory that commits or
proposes to commit an act in violation of sections 181.950 to 181.954.

Sec. 13.

Minnesota Statutes 2006, section 181.957, subdivision 2, is amended to read:


Subd. 2.

Exclusion limited.

Employersnew text begin , outside contractors,new text end and testing laboratories
must comply with the employee and job applicant protections provided under sections
181.950 to 181.956, with respect to employees or job applicants otherwise excluded under
subdivision 1 from those protections, to the extent that the provisions of sections 181.950
to 181.956 are not inconsistent with or specifically preempted by the federal regulations,
contract, or requirements applicable to drug and alcohol testing.