Minnesota law governing drug and alcohol testing in the workplace is uniquely strict and complicated.
Trepanier MacGillis Battina P.A. has extensive experience advising employers, collection sites, occupational health clinics, testing laboratories, medical review officers, third-party administrators (TPAs), staffing companies, medical cannabis industry professionals, and substance abuse professionals on state and federal legal issues involving drug and alcohol testing in the workplace.
Specific services in this area include:
- drafting DOT and non-DOT drug and alcohol testing policies and forms
- handling Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”) compliance and litigation
- handling DOT compliance and audits
- compliance with the Minnesota Lawful Consumable Products Act
- defending breach of privacy claims related to drug testing
- Iowa drug testing law compliance and litigation
- Federal Drug-Free Workplace Act compliance
- Minnesota medical cannabis and medical marijuana compliance
- ADA and FMLA compliance during treatment plans
- advising employers regarding alcoholism, drug abuse, and chemical dependency
- compliance with Ban-the-Box, Fair Credit Reporting Act, and OSHA laws in the context of drug and alcohol testing
- conducting in-house training sessions
- advising employers on discipline and termination decisions
- developing return-to-work plans and “last chance agreements”
- collective bargaining over drug and alcohol testing
- handling grievance arbitration hearings
- developing compliance plans for collection sites, testing laboratories, MROs, and SAPs
Contact TMB for assistance in starting a drug and alcohol testing program, revising your drug and alcohol testing policy, or to learn your rights to discipline or terminate an employee following a positive drug test. TMB attorneys have Minnesota workplace drug testing experience. If your company has been sued following administration of a drug test, we can help.