1999 Minnesota Statutes

     221.0313 Controlled substance testing and procedures. 

    Subdivision 1.    Purpose; intent; exemption.  (a) The 
 purpose of this section is to adopt federal regulations 
 governing testing for controlled substances.  

    (b) The legislature intends that the adopted federal 
 regulations be applied: 

    (1) to persons who provide intrastate transportation, who 
 are subject to the rules adopted in section 221.0314, 
 subdivisions 2 to 5, for driver qualifications, and who operate 
 commercial motor vehicles, as defined in Code of Federal 
 Regulations, title 49, section 391.85; and 

    (2) in the same manner that the federal regulations apply 
 to interstate transportation.  

    (c) Intrastate carriers who are required to comply with the 
 adopted federal regulations are exempt from the requirements of 
 sections 181.950 to 181.957.  This exemption applies only to the 
 testing of drivers. 

    Subd. 2.    Definitions.  For purposes of this section, 
 the following terms used in the federal regulations adopted in 
 subdivisions 4 and 5 have the meanings given them in this 
 subdivision: 

    (a) "DOT agency" means the commissioner of transportation. 

    (b) "DOT agency regulations" means the federal regulations 
 adopted in subdivisions 4 and 5. 

    (c) "Motor carrier" means:  

    (1) a motor carrier as defined in section 221.011, 
 subdivision 15; and 

    (2) a private carrier as defined in section 221.011, 
 subdivision 26, or a person providing transportation described 
 in section 221.025 when the private carrier or person:  

    (i) is subject to the rules of the commissioner for driver 
 qualifications under section 221.031; and 

    (ii) is operating a commercial motor vehicle.  

    The term "motor carrier" includes a motor carrier's agents; 
 officers; representatives; employees responsible for hiring, 
 supervising, training, assigning, or dispatching drivers; and 
 employees concerned with installing, inspecting, and maintaining 
 motor vehicle equipment or accessories.  The definition of motor 
 carrier includes the term "employer." 

    Subd. 3.    Applicability.  The regulations adopted in 
 subdivisions 4 and 5 apply to a motor carrier providing 
 transportation by commercial motor vehicle in intrastate 
 commerce. 

    Subd. 4.    Driver qualifications; federal regulations 
 adopted.  Code of Federal Regulations, title 49, sections 
 391.41, paragraph (c); 391.43, paragraph (a)(2); 391.81, 
 paragraphs (a) and (b); 391.85; 391.87; 391.89; 391.95 to 
 391.123; and part 391, appendix D, are incorporated by reference.

    Subd. 5.    Controlled substance testing; federal 
 regulations adopted.  Code of Federal Regulations, title 49, 
 sections 40.1; 40.3; 40.21, paragraphs (a), (c), and (d); 40.23 
 to 40.39; and part 40, appendix A, are incorporated by reference.

    Subd. 6.    Applicability of other testing programs.  
 (a) If a drug testing program established under this section is 
 limited to testing for the controlled substances listed in Code 
 of Federal Regulations, title 49, section 40.21, paragraph (a), 
 sections 181.950 to 181.957 do not apply.  

    (b) Persons subject to this section may test for drugs, in 
 addition to those listed in Code of Federal Regulations, title 
 49, section 40.21, paragraph (a), or for alcohol, only in 
 accordance with sections 181.950 to 181.957, and rules adopted 
 under those sections. 

    HIST: 1992 c 578 s 28; 1993 c 117 s 20