Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-1O100-9 232.1 rehabilitation of an employee on the basis of a positive test result from an initial screening 232.2 test that has not been verified by a confirmatory test. 232.3 (b) In addition to the limitation under paragraph (a), an employer may not discharge an 232.4 employee for whom a positive test result on a confirmatory test was the first such result for 232.5 the employee on a drug or alcohol test or cannabis test requested by the employer unless 232.6 the following conditions have been met: 232.7 (1) the employer has first given the employee an opportunity to participate in, at the 232.8 employee's own expense or pursuant to coverage under an employee benefit plan, either a 232.9 drug of, alcohol, or cannabis counseling or rehabilitation program, whichever is more 232. i o appropriate, as determined by the employer after consultation with a certified chemical use 232.11 counselor or a physician trained in the diagnosis and treatment of substance use disorder; 232.12 and 232.13 (2) the employee has either refused to participate in the counseling or rehabilitation 232.14 program or has failed to successfully complete the program, as evidenced by withdrawal 232.15 from the program before its completion or by a positive test result on a confirmatory test 232.16 after completion of the program. 232.17 (c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested 232.18 employee or transfer that employee to another position at the same rate of pay pending the 232.19 outcome of the confirmatory test and, if requested, the confirmatory retest, provided the 232.2o employer believes that it is reasonably necessary to protect the health or safety of the 232.21 employee, coemployees, or the public. An employee who has been suspended without pay 232.22 must be reinstated with back pay if the outcome of the confirmatory test or requested 232.23 confirmatory retest is negative. 232.24 (d) An employer may not discharge, discipline, discriminate against, or request or require 232.25 rehabilitation of an employee on the basis of medical history information revealed to the 232.26 employer pursuant to subdivision 6 unless the employee was under an affirmative duty to 232.27 provide the information before, upon, or after hire. 232.28 (e) An employee must be given access to information in the employee's personnel file 232.29 relating to positive test result reports and other information acquired in the drug and alcohol 232.30 testing process or cannabis testing process and conclusions drawn from and actions taken 232.31 based on the reports or other acquired information. 232.32 Subd. 10a. Additional limitations for cannabis. An employer may discipline, discharge, 232.33 or take other adverse bersonnel action aciainst an emblovee for cannabis flower. cannabis 232.34 product, lower -potency hemp edible, or hemp -derived consumer product use, possession, Article 6 Sec. 25. 232