Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 234.1 confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective 234.2 bargaining agreement, an administrative hearing under chapter 43A or other applicable state 234.3 or local law, or a judicial proceeding, provided that information is relevant to the hearing 234.4 or proceeding; (2) disclosed to any federal agency or other unit of the United States 234.5 government as required under federal law, regulation, or order, or in accordance with 234.6 compliance requirements of a federal government contract; and (3) disclosed to a substance 234.7 abuse treatment facility for the purpose of evaluation or treatment of the employee. 234.8 Subd. 4. Privilege. Positive test results from an employer drug or alcohol testing or 234.9 cannabis testing program may not be used as evidence in a criminal action against the 234.1 o employee or job applicant tested. 234.11 Sec. 27. Minnesota Statutes 2022, section 181.955, is amended to read: 234.12 181.955 CONSTRUCTION. 234.13 Subdivision 1. Freedom to collectively bargain. Sections 181.950 to 181.954 shall not 234.14 be construed to limit the parties to a collective bargaining agreement from bargaining and 234.15 agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets 234.16 or exceeds, and does not otherwise conflict with, the minimum standards and requirements 234.17 for employee protection provided in those sections. 234.18 Subd. 2. Employee protections under existing collective bargaining 234.19 agreements. Sections 181.950 to 181.954 shall not be construed to interfere with or diminish 234.2o any employee protections relating to drug and alcohol testing or cannabis testing already 234.21 provided under collective bargaining agreements in effect on the effective date of those 234.22 sections that exceed the minimum standards and requirements for employee protection 234.23 provided in those sections. 234.24 Subd. 3. Professional athletes. Sections 181.950 to 181.954 shall not be construed to 234.25 interfere with the operation of a drug and alcohol testing or cannabis testing program if: 234.26 (1) the drug and alcohol testing program is permitted under a contract between the 234.27 employer and employees; and 234.28 (2) the covered employees are employed as professional athletes. 234.29 Upon request of the commissioner of labor and industry, the exclusive representative 234.30 of the employees and the employer shall certify to the commissioner of labor and industry 234.31 that the drug and alcohol testing or cannabis testing program permitted under the contract 234.32 should operate without interference from the sections specified in this subdivision. This Article 6 Sec. 27. 234