Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 229.1 lower -potency hemp edible, or hemp -derived consumer product use, possession, impairment, 229.2 sale, or transfer while an employee is working or while an employee is on the employer's 229.3 premises or operating the employer's vehicle, machinery, or equipment. 229.4 (b) An employer may enact and enforce written work rules prohibiting cannabis flower, 229.5 cannabis product, lower -potency hemp edible, and hemp -derived consumer product use, 229.6 possession, impairment, sale, or transfer while an employee, is working or while an employee 229.7 is on the employer's premises or operating the employer's vehicle, machinery, or equipment 229.8 in a written policy that contains the minimum information required by this section. 229.9 Sec. 25. Minnesota Statutes 2022, section 181.953, is amended to read: 229.10 181.953 RELIABILITY AND FAIRNESS SAFEGUARDS. 229.11 Subdivision 1. Use of licensed, accredited, or certified laboratory required. (a) An 229.12 employer who requests or requires an employee or job applicant to undergo drug or alcohol 229.13 testing or cannabis testing shall use the services of a testing laboratory that meets one of 229.14 the following criteria for drug testing: 229.15 (1) is certified by the National Institute on Drug Abuse as meeting the mandatory 229.16 guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988; 229.17 (2) is accredited by the College of American Pathologists, 325 Waukegan Road, 229.18 Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; 229.19 or 229.20 (3) is licensed to test for drugs by the state of New York, Department of Health, under 229.21 Public Health Law, article 5, title V, and rules adopted under that law. 229.22 (b) For alcohol testing, the laboratory must either be: 229.23 (1) licensed to test for drugs and alcohol by the state of New York, Department of Health, 229.24 under Public Health Law, article 5, title V, and the rules adopted under that law; or 229.25 (2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, 229.26 Illinois, 60093-2750, in the laboratory accreditation program. 229.27 Subd. 3. Laboratory testing, reporting, and sample retention requirements. A testing 229.28 laboratory that is not certified by the National Institute on Drug Abuse according to 229.29 subdivision 1 shall follow the chain -of -custody procedures prescribed for employers in 229.30 subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that 229.31 produced a positive test result on an initial screening test. A laboratory shall disclose to the 229.32 employer a written test result report for each sample tested within three working days after Article 6 Sec. 25. 229