Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 110100-9 233.1 impairment, sale, or transfer while an employee is working, on the employer's premises, or 233.2 operating the employer's vehicle, machinery, or equipment as follows: 233.3 (1) if the employee is under the influence of cannabis flower, a cannabis product, a 233.4 lower -potency hemp edible, or a hemp -derived consumer product; 233.5 (2) if cannabis testing verifies the presence of cannabis flower, a cannabis product, a 233.6 lower -potency hemp edible, or a hemp -derived consumer product following a confirmatory 233.7 test; 233.8 (3) as provided in the employer's written work rules for cannabis flower, cannabis 233.9 products, lower -potency he edibles, or hemp -derived consumer products and cannabis 233.10 testing, provided that the rules are in writing and in a written policy that contains the 233.11 minimum information required by section 181.952; or 233.12 (4) as otherwise authorized or required under state or federal law or regulations, or if a 233.13 failure to do so would cause an employer to lose a monetary or licensing -related benefit 233.14 under federal law or regulations. 233.15 Subd. 11. Limitation on withdrawal of job offer. If a job applicant has received a job 233.16 offer made contingent on the applicant passing drug and alcohol testing, the employer may 233.17 not withdraw the offer based on a positive test result from an initial screening test that has 233.18 not been verified by a confirmatory test. 233.19 Sec. 26. Minnesota Statutes 2022, section 181.954, is amended to read: 233.20 181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS. 233.21 Subdivision 1. Privacy limitations. A laboratory may only disclose to the employer test 233.22 result data regarding the presence or absence of drugs, alcohol, or their metabolites in a 233.23 sample tested. 233.24 Subd. 2. Confidentiality limitations. Test result reports and other information acquired 233.25 in the drug or alcohol testing or cannabis testing process are, with respect to private sector 233.26 employees and job applicants, private and confidential information, and, with respect to 233.27 public sector employees and job applicants, private data on individuals as that phrase is 233.28 defined in chapter 13, and may not be disclosed by an employer or laboratory to another 233.29 employer or to a third -party individual, governmental agency, or private organization without 233.30 the written consent of the employee or job applicant tested. 233.31 Subd. 3. Exceptions to privacy and confidentiality disclosure 233.32 limitations. Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a Article 6 Sec. 26. 233