Agenda - Council Work Session - 04/11/2023

Home

HF100 NINTH ENGROSSMENT REVISOR BD 110100-9 230.1 a negative test result on an initial screening test or, when the initial screening test produced 230.2 a positive test result, within three working days after a confirmatory test. A test report must 230.3 indicate the drugs, alcohol, -of drug or alcohol metabolites, or cannabis or cannabis 230.4 metabolites tested for and whether the test produced negative or positive test results. A 230.5 laboratory shall retain and properly store for at least six months all samples that produced 230.6 a positive test result. 230.E Subd. 4. Prohibitions on employers. An employer may not conduct drug or alcohol 230.8 testing or cannabis testing of its own employees and job applicants using a testing laboratory 230.9 owned and operated by the employer; except that, one agency of the state may test the 230.1 o employees of another agency of the state. Except as provided in subdivision 9, an employer 230.11 may not request or require an employee or job applicant to contribute to, or pay the cost of, 230.12 drug or alcohol testing or cannabis testing under sections 181.950 to 181.954. 230.13 Subd. 5. Employer chain -of -custody procedures. An employer shall establish its own 230.14 reliable chain -of -custody procedures to ensure proper record keeping, handling, labeling, 230.15 and identification of the samples to be tested. The procedures must require the following: 230.16 (1) possession of a sample must be traceable to the employee from whom the sample is 230.17 collected, from the time the sample is collected through the time the sample is delivered to 230.18 the laboratory; 230.19 (2) the sample must always be in the possession of, must always be in view of, or must 230.2o be placed in a secured area by a person authorized to handle the sample; 230.21 (3) a sample must be accompanied by a written chain -of -custody record; and 230.22 (4) individuals relinquishing or accepting possession of the sample must record the time 230.23 the possession of the sample was transferred and must sign and date the chain -of -custody 230.24 record at the time of transfer. 230.25 Subd. 6. Rights of employees and job applicants. (a) Before requesting an employee 230.26 or job applicant to undergo drug or alcohol testing or requesting cannabis testing, an employer 230.27 shall provide the employee or job applicant with a form, developed by the employer, on 230.28 which to acknowledge that the employee or job applicant has seen the employer's drug and 230.29 alcohol testing or cannabis testing policy. 230.30 (b) If an employee or job applicant tests positive for drug use, the employee must be 230.31 given written notice of the right to explain the positive test and the employer may request 230.32 that the employee or job applicant indicate any over-the-counter or prescription medication Article 6 Sec. 25. 230