Drug and Alcohol Testing in the Workplace Act (privacy safeguards)
MN DATWA
Employees · Health
Allows workplace drug, alcohol, and cannabis testing only under a written policy and only in listed situations (post-offer applicant testing, annual physicals with notice, random testing for safety-sensitive jobs, reasonable suspicion, and treatment follow-up). Laboratories may tell employers only whether substances were present, and test results are private and confidential, not usable in criminal cases against the employee.
- Where
- Minnesota
- Citation
- Minn. Stat. 181.950 to 181.957
- Status
- In force
- Enforced by
- Employees and applicants by civil action; state, county, or city attorneys and bargaining agents for injunctive relief (181.956)
- People can sue
- Yes
- Penalties
- Employers or laboratories that violate 181.950 to 181.954 are liable for damages allowable at law, with possible attorney fees; courts may enjoin violations and order reinstatement with back pay; retaliation is barred (181.956).
- Applies to
- Employers that request or require drug, alcohol, or cannabis testing of employees or job applicants in Minnesota, and testing laboratories (181.951, 181.954, 181.956)
Practices it requires
- Test employees or applicants only under a written testing policy, by a qualified laboratory, in the circumstances the statute authorizes, and never on an arbitrary and capricious basis.Minn. Stat. 181.951
- Laboratories may disclose to the employer only the presence or absence of drugs, cannabis, alcohol, or metabolites in a sample.Minn. Stat. 181.954, subd. 1
Security duties
- Treat test result reports and other testing information as private and confidential, disclosing only as the statute permits.Minn. Stat. 181.954, subds. 2-3
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Recent cannabis-related amendments (Laws 2023, ch. 63; 2024, chs. 110 and 121) were not dated, so last_amended is null; 181.952, 181.953, and 181.955 to 181.957 were not read.
Research reference, not legal advice.