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Minnesota Transitions to Oral Fluid Testing for Drugs, Cannabis and Alcohol

oral fluid testing

Effective August 1, 2024, Minnesota’s drug testing legislation will allow for the testing of drugs, cannabis, and alcohol using oral fluid samples.

Employers subject to the Drug and Alcohol Testing in the Workplace Act (DATWA) are presently obligated to utilize designated certified laboratories for drug and alcohol testing and allow confirmatory re-testing following a positive test result by an applicant or employee. With the forthcoming amendment, oral fluid testing for drugs, cannabis, and alcohol will be allowed, eliminating the need for testing laboratory services.

Workers and job seekers should receive notification of the oral fluid test outcome immediately. Following a positive, inconclusive, or invalid oral fluid test result, employees or applicants have a 48-hour window to request drug, alcohol, or cannabis testing, provided at no charge to them. This testing will be conducted by a testing laboratory designated by DATWA.

Employers in Minnesota should assess the suitability of oral fluid testing for their workplace. They should also look to update their drug, cannabis, and alcohol testing policies in writing to integrate the stipulations for oral fluid testing.

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