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See accompanying model documents below.
This content conveys general information. Do not use it as a substitute for legal advice. Any attorney general opinions cited are available from the League’s Research staff.
Learn options for testing employees for drug and alcohol use under Minnesota law, including the Medical Cannabis Act, and about required testing under federal Department of Transportation (DOT) regulations for holders of commercial driving licenses (CDL), including “Clearinghouse” checks. Discusses what to do about use, possession, and impaired employee performance in the workplace while avoiding employment discrimination prohibitions. Covers pre-employment, reasonable suspicion and post-accident testing. Outlines use parameters for medical marijuana such as qualifying conditions, intractable pain.
Use these model documents with the “Drug and Alcohol Testing Toolkit”:
- DOT Drug and Alcohol Testing for Commercial Drivers, LMC model policy (doc)
- Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act, LMC model policy (doc)
- Informed Consent and Notice for Drug and Alcohol Screening of City Employees and Applicants, LMC model form (doc)
- Reasonable Suspicion Record of Observed Behavior, LMC model form (doc)
- Negative DOT Random Alcohol or Controlled Substances Test Results Notice, LMC model form (doc)
- Negative Non-DOT Alcohol or Controlled Substances Test Results Notice, LMC model form (doc)
- Positive DOT Alcohol or Controlled Substances Test Results Notice, LMC model form (doc)
- Positive Non-DOT Alcohol or Controlled Substances Test Results Notice, LMC model form (doc)