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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 <br />228.1 alcohol test authorized by this section and the results of the test indicate the presence of <br />228.2 cannabis. <br />228.3 (c) An employer must not request or require an employee or job applicant to undergo <br />228.4 cannabis testing on an arbitrary or capricious basis. <br />228.5 (d) Cannabis testing authorized under paragraph (d) must comply with the safeguards <br />228.6 for testing employees provided in sections 181.953 and 181.954. <br />228.7 Sec. 23. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision <br />228.8 to read: <br />228.9 Subd. 9. Cannabis testing exceptions. For the following positions, cannabis and its <br />228.10 metabolites are considered a drug and subject to the drug and alcohol testing provisions in <br />228.11 sections 181.950 to 181.957: <br />228.12 (1) a safety -sensitive position, as defined in section 181.950, subdivision 13; <br />228.13 (2) a peace officer position, as defined in section 626.84, subdivision 1; <br />228.14 (3) a firefighter position, as defined in section 299N.01, subdivision 3; <br />228.15 (4) a position requiring face-to-face care, training, education, supervision, counseling, <br />228.16 consultation, or medical assistance to: <br />228.17 (i) children; <br />228.18 (ii) vulnerable adults, as defined in section 626.5572, subdivision 21; or <br />228.19 (iii) patients who receive health care services from a provider for the treatment, <br />228.2o examination, or emergency care of a medical, psychiatric, or mental condition; <br />228.21 (5) a position requiring a commercial driver's license or requiring an employee to operate <br />228.22 a motor vehicle for which state or federal law requires drug or alcohol testing of a job <br />228.23 applicant or an employee; <br />228.24 (6) a position of employment funded by a federal grant; or <br />228.25 (7) any other position for which state or federal law requires testing of a job applicant <br />228.26 or an employee for cannabis. <br />228.27 Sec. 24. Minnesota Statutes 2022, section 181.952, is amended by adding a subdivision <br />228.28 to read: <br />228.29 Subd. 3. Cannabis policy. (a) Unless otherwise provided by state or federal law, an <br />228.3o employer is not required to permit or accommodate cannabis flower, cannabis product, <br />Article 6 Sec. 24. 228 <br />