181.957 FEDERAL PREEMPTION.
Subdivision 1. Excluded employees and job applicants.
Except as provided under
subdivision 2, the employee and job applicant protections provided under sections
do not 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:
(1) federal regulations that specifically preempt state regulation of drug and alcohol testing
with respect to those employees and job applicants;
(2) federal regulations or requirements necessary to operate federally regulated facilities;
(3) federal contracts where the drug and alcohol testing is conducted for security, safety, or
protection of sensitive or proprietary data; or
(4) state agency rules that adopt federal regulations applicable to the interstate component of
a federally regulated industry, and the adoption of those rules is for the purpose of conforming the
nonfederally regulated intrastate component of the industry to identical regulation.
Subd. 2. Exclusion limited.
Employers and testing laboratories must comply with the
employee and job applicant protections provided under sections
, with respect
to employees or job applicants otherwise excluded under subdivision 1 from those protections,
to the extent that the provisions of sections
are not inconsistent with or
specifically preempted by the federal regulations, contract, or requirements applicable to drug
and alcohol testing.
History: 1987 c 388 s 8