Drug and alcohol testing in the workplace is governed through the Minnesota’s Drug and Alcohol Testing in the Workplace Act, which has been put into place to ensure that companies are using drug and alcohol testing in a way that meets statutory requirements and does not violate the rights of the individual.
You may be surprised to learn that many employers will violate the rights of their employee’s and potential job candidates. There are a number of strict rules in place when it comes to drug and alcohol testing. An employer cannot just demand that you pee in a cup anytime he feels like it and an employee does have the right to refuse in some instances. Furthermore, in most cases the employer must give fair warning, the test must be administered by a qualified person certified by the National Institute on Drug Abuse and the results must remain confidential.
When is Drug Testing Permitted?
If you are required to take a drug or alcohol test, you should be aware of the rules surrounding this practice. Some of the instances where you may be required to take a drug and alcohol test in the workplace include:
- During the job application process. If you do fail the test then you will be given the chance to redo the test again. Furthermore, the results must be given to you within three days of taking the test.
- During a routine physical but no more than once a year and the employee must receive at least two weeks written notice of the testing required
- During random testing in some instances. Random testing only occurs if the person is employed in a safety sensitive position where drug or alcohol use would impair the safety conditions or are professional athletes.
- In the case of reasonable suspicion
- In the event of a treatment program testing
Drug and Alcohol Testing Stipulations
If you have completed a drug and alcohol test that you believe was not governed by the restrictions in place then contact a Minneapolis employment law attorney. You may find that you have lost your job or that you have missed out on a career opportunity because of an unjust test. You could be looking at a case of discrimination, wrongful termination or retaliation, all of which are against the law.
Duane Johnson is an experienced Minneapolis employment lawyer serving clients across Minnesota that has faced an unjust drug or alcohol test. If you are concerned that your rights in the workplace have been violated, then contact Duane today at 612-529-6041.