Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 227.1 Sec. 20. Minnesota Statutes 2022, section 181.951, subdivision 5, is amended to read: 227.2 Subd. 5. Reasonable suspicion testing. An employer may request or require an employee 227.3 to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable 227.4 suspicion that the employee: 227.5 (1) is under the influence of drugs or alcohol; 227.6 (2) has violated the employer's written work rules prohibiting the use, possession, sale, 227.7 or transfer of drugs or alcohol, cannabis flower, cannabis products, lower -potency hemp 227.8 edibles, or hemp -derived consumer products while the employee is working or while the 227.9 employee is on the employer's premises or operating the employer's vehicle, machinery, or 227.1 o equipment, provided the work rules are in writing and contained in the employer's written 227.11 cannabis testing or drug and alcohol testing policy; 227.12 (3) has sustained a personal injury, as that term is defined in section 176.011, subdivision 227.13 16, or has caused another employee to sustain a personal injury; or 227.14 (4) has caused a work -related accident or was operating or helping to operate machinery, 227.15 equipment, or vehicles involved in a work -related accident. 227.16 Sec. 21. Minnesota Statutes 2022, section 181.951, subdivision 6, is amended to read: 227.17 Subd. 6. Treatment program testing. An employer may request or require an employee 227.18 to undergo cannabis testing and drug and alcohol testing if the employee has been referred 227.19 by the employer for substance use disorder treatment or evaluation or is participating in a 227.20 substance use disorder treatment program under an employee benefit plan, in which case 227.21 the employee may be requested or required to undergo cannabis testing and drug or alcohol 227.22 testing without prior notice during the evaluation or treatment period and for a period of up 227.23 to two years following completion of any prescribed substance use disorder treatment 227.24 program. 227.25 Sec. 22. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision 227.26 to read: 227.27 Subd. 8. Limitations on cannabis testing. (a) An employer must not request or require 227.28 a job applicant to undergo cannabis testing solely for the purpose of determining the presence 227.29 or absence of cannabis as a condition of emblovment unless otherwise required by state or 227.30 federal law. 227.31 (b) Unless otherwise required by state or federal law, an employer must not refuse to 227.32 hire a iob applicant solely because the iob applicant submits to a cannabis test or a drug and Article 6 Sec. 22. 227