Drug testing laws vary from state to state, and some states make compliance more challenging than others. Minnesota (MN) is one of those states. Even though it has had the laws in place for some time now, MN updated their law this year. Because of the changes, employers who do business in this state must review their current processes and make any required changes.

Marijuana, while legal in many states for medical and/or recreational purposes, is still illegal on the Federal level. Even in states that prohibit employment drug testing, safety-sensitive positions often carry exceptions. A common exception is when not testing an applicant violates federal or state law, which is a logical and necessary safeguard.

Under the new Minnesota law, employers must now take an additional step. If an applicant is a registered medical cannabis patient, the employer is required to provide at least 14 days’ written notice before taking any adverse employment action. The notice must clearly state either the specific law or regulation that would be violated, or the monetary or licensing-related benefit the employer would lose if no action were taken.

Before the change, MN law already allowed medical cannabis patients to sue an employer who had taken adverse action based on either the applicant’s status as a medical cannabis patient or base on a drug test that is positive for the substance. The plaintiffs could recover the greater of actual or statutory damages. The new law increases statutory damages from $100.00 to $1,000.00.

While MN has added to the employer’s burden, an Iowa (IA) law has looked at the burdens placed on employers and updated their law to relieve some of their burdens.

The previous law required employers to send notification of an adverse action based a positive drug or alcohol test “in writing by certified mail, return receipt requested.” The new law allows employers to give written notice to that employee in person or electronically, but the person must give consent to the methods prior to employers using one of the new allowable methods for delivery. Even when the delivery method is in person, the notice must still be given in writing.

The updated law in IA has put more of the burden on the employees. Employees can no longer make a verbal request for a second confirmatory test; they must now make that request “by certified mail, return receipt requested,” electronically, or in person with a written request.

With the new law, only an employer, not individual managers, can be held liable for violations of the law. It also clarified that only “reasonable” attorney fees and court costs can be recovered by the plaintiff.

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ASE Drug Screening - ASE can service all your drug screening needs and assist you with creating or updating a drug screening policy.  For more information contact Susan Chance.

Source: Littler.com