Trepanier MacGillis Battina P.A. Drug Testing Law Experience

TMB attorney Craig W. Trepanier is a recognized legal authority on the topic of Minnesota drug testing law. He also regularly assists clients in the transportation and trucking industry with compliance with federal DOT drug testing law. Mr. Trepanier has published several articles on the topic of drug and alcohol testing in the workplace, and has presented over 50 presentations on the topic of workplace drug and alcohol testing for various organizations across the country, including

“Minnesota Drug and Alcohol Testing in the Workplace,” Minnesota Safety & Health Conference (Minneapolis, Minnesota, May 5, 2015)
“Introduction to Drug and Alcohol Testing in the Workplace,” The Christensen Group (Minnetonka, Minnesota, June 10, 2010)
“Introduction to Drug and Alcohol Testing in the Workplace,” Upper Midwest Employment Law Institute (Minneapolis, Minnesota, May 24, 2010)
“Introduction to Drug and Alcohol Testing in the Workplace,” Ridgeview Business Health – Business Health Institute (Chanhassen, Minnesota, May 19, 2009)
“Drug and Alcohol Testing in the Workplace,” Minnesota Alcohol Traffic Safety Administration (MATSA) (St. Cloud, Minnesota, April 24, 2003)
“Introduction to Drug and Alcohol Testing in the Workplace,” Ridgeview Business Health (Chaska, Minnesota, December 11, 2002)
“Drug & Alcohol Testing: What Every Occupational Health Nurse Should Know,” Minnesota Association of Occupational Health Nurses (Minnetonka, Minnesota, January 9, 2001)
“Untangling the ADA, MHRA, FMLA, Workers’ Compensation and Drug and Alcohol Testing Issues,” Minnesota Safety Council (Minneapolis, Minnesota, May 10, 2000)
“Legal Implications of Drug and Alcohol Testing in the Workplace,” North Dakota Safety Council (Fargo, North Dakota, February 10, 2000)
“Legal Implications of Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council and Fairview-University Hospital (Minneapolis, Minnesota, November 11, 1999)
“Legal Implications of Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council (Wyoming, Minnesota, November 10, 1999)
“Legal Implications of Drug and Alcohol Testing in the Workplace,” South Dakota Safety Council (Sioux Falls, South Dakota October 12, 1999)
“Introduction to Drug and Alcohol Testing in the Workplace,” Medford Area Safety Council (Medford, Wisconsin, September 21, 1999)
“Untangling the ADA, FMLA, and Drug and Alcohol Testing Issues in the Workplace,” Minnesota Safety Council (Minneapolis, Minnesota, May 8, 1999)
“Post-Accident Drug and Alcohol Testing: What Happened to Sample B?,” Trucking Industry Defense Association (Memphis, Tennessee, October 16, 1998)
“Introduction to Drug and Alcohol Testing in the Workplace,” Minnesota Department of Economic Security, Job Service Employer Committee, Fall Conference (Duluth, Minnesota, October 8-9, 1998)
“Drug and Alcohol Testing and the Law,” Public Risk Management Association (Minneapolis, Minnesota, June 10, 1998)
“Untangling the ADA, MHRA, FMLA, Workers’ Compensation, and Drug and Alcohol Testing Issues,” Minnesota Safety Council, Spring Safety and Health Conference (Minneapolis, Minnesota, May 8, 1998)
“Drug and Alcohol Testing,” Public Risk Management Association (San Diego, California, February 24, 1998)
“Introduction to Drug and Alcohol Testing in the Workplace,” Ridgeview Business Health Services (Chanhassen, Minnesota, November 18, 1997)
“Update on Drug and Alcohol Testing for Motor Carriers,” Southern Motor Carriers (Atlanta, Georgia, October 27, 1997)
“Introduction to Drug and Alcohol Testing in the Workplace,” Allina Medical Systems and Minnesota Chamber of Commerce (Minneapolis, October 16, 1997)
“Substance Abuse in the Workplace,” American Public Works Association, 1997 National Conference (Minneapolis, Minnesota, September 16, 1997)
“Drugs in the Workplace: Your Legal Rights as an Employer,” Minnesota Department of Economic Security, Fourth Annual Minnesota Employer Conference (St. Paul, Minnesota, September 5, 1997 with simultaneous video conference to Blue Earth, Brainerd, Duluth, and Rochester, Minnesota)
“Introduction to Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council (St. Paul, Minnesota, June 10, 1997)
“Reducing 5% of Your Payroll Costs Through a Drug and Alcohol Testing Program,” Minnesota Department of Economic Security, Fourth Annual Minnesota Employer Conference (St. Paul, Minnesota, September 5, 1997) (with simultaneous video conference to Blue Earth, Brainerd, Duluth, and Rochester, Minnesota)
“Employee Drug Testing,” Medical Educational Services, Inc. (Minnetonka, Minnesota, June 19, 1997)
“Introduction to Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council (St. Paul, Minnesota, June 10, 1997)
“Dealing With Employees With Substance Abuse Problems: An Explanation of Reasonable Accommodation Under the Americans With Disabilities Act and the Family & Medical Leave Act” The Araz Group (Minneapolis, Minnesota, May 28, 1997)
“Hot Topics Regarding Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council, Spring Safety and Health Conference (St. Paul, Minnesota, May 6, 1997)
“Untangling the ADA, MHRA, FMLA, Workers’ Compensation, and Drug and Alcohol Testing Issues,” Minnesota Safety Council, Spring Safety and Health Conference (St. Paul, Minnesota, May 6, 1997)
“Breakfast With the Experts: Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council, Fairview Northland Clinics, and Chisago Health Services (North Branch, Minnesota, April 23, 1997) (Elk River, Minnesota, April 17, 1997) (St. Paul, Minnesota, April 8, 1997)
“Introduction to Drug and Alcohol Testing in the Workplace,” Minnesota Workforce Center (Minneapolis, Minnesota, January 22, 1997)
“Introduction to Drug and Alcohol Testing in the Workplace,” Minnesota Safety Council (St. Paul, Minnesota, November 12-13, 1996)
“Drugs in the Workplace and Your Rights,” Minnesota Department of Economic Security, Third Annual Minnesota Employer Conference (St. Paul, Minnesota, October 8, 1996)
“What Association Executives Need to Know About Drug and Alcohol Use in the Workplace,” Minnesota Society of Association Executives (St. Paul, Minnesota, September 17, 1996)
“Complying With New Federal Drug and Alcohol Testing Regulations,” Minnesota Plumbing, Heating and Cooling Contractors Association (St. Louis Park, Minnesota, March 27, 1996)
“Mandatory Drug and Alcohol Testing,” Eighth Annual Popham Haik Labor and Employment Law Seminar (Minneapolis, Minnesota, September 19, 1995) (Minneapolis, Minnesota, October 5, 1995)
“To Test or Not to Test: Mandatory Drug and Alcohol Testing,” Minnesota Transport Services Association, 1995 Annual Convention (Roseville, Minnesota, September 16, 1995)

Mr. Trepanier’s articles on drug and alcohol testing law include the following:

“Department of Transportation Releases Random Testing Rates for 2014,” Trepanier MacGillis Battina Website (January 2, 2014)
“Six-Year Statute of Limitations Applies to Wrongful Termination Claims Under DATWA,” Trepanier MacGillis Battina Website (July 31, 2013)
“Minnesota Court of Appeals Analyzes Statute of Limitations for Wrongful Termination Claims Under DATWA,” TMB Website (September 25, 2012)
“DOT Drug and Alcohol Testing for Commercial Drivers,” Trepanier MacGillis Battina Website (July 1, 2012)
“Overview of the Minnesota Drug and Alcohol Testing in the Workplace Act,” Trepanier MacGillis Battina Website (June 1, 2012)
“Court Dismisses Challenge to Positive Marijuana Drug Test,” Trepanier MacGillis Battina Website (March 26, 2012)
“Introduction to Drug and Alcohol Testing,” Upper Midwest Employment Law Institute (2010)
“To Test or Not to Test for Drugs and Alcohol?” Ridgeview Medical Center Navigator (2009)
“Update on Mandatory Drug and Alcohol Testing,” The Hennepin Lawyer (December 1996)
“It’s Not Just for Truckers Anymore: Mandatory Drug and Alcohol Testing,” The Hennepin Lawyer (January/February 1996)
“Mandatory Drug and Alcohol Testing Now Required,” Constructive Comment (Associated General Contractors July 12, 1996)
“New Drug and Alcohol Testing Regulations Take Effect January 1, 1996,” Courier Magazine (April/June 1996)
“Mandatory Drug and Alcohol Testing,” Specifics Magazine (Construction Specification Institute, April 1996)
“Drug and Alcohol Testing in the Workplace,” Minnesota Employment Laws and Regulations (Minnesota Chamber Business Services, 1st Edition, 1995)

TMB attorney V. John Ella has been involved in drug testing legal compliance since federal mandates were first enacted in the early 1990s. He has litigated over 20 DATWA lawsuits in state and federal court. He has reviewed and revised drug testing policies for dozens of corporate clients and counseled employers around the country on discipline and discharge of employees for suspected alcohol or drug use, including disability leave and treatment options. He has also advocated for changes to the state law with the Minnesota legislature. Mr. Ella is both a Certified Employment Law Specialist and a Certified Information Privacy Professional. He has also served on the Minnesota Board of Medical Practice since 2010 and is familiar with the Minnesota Health Professionals Services Program (HPSP). Mr. Ella is the author of a number of articles on drug testing law, including the following:

“Minnesota Federal Court Finds ‘Field Preemption’ of Minnesota Drug Testing Statute,” National Law Review, September 2, 2015
“Court provides roadmap for drug testing, Minnesota Lawyer,” August 31, 2015
“Admissions of Drug Use by Employees Are Not the Same as Positive Test Results in Minnesota,” National Law Review, November 8, 2014
“Law Protects Employees who use Medical Marijuana,” Minnesota Lawyer, June 19, 2014
“Chapter 11: Defense Side – Tips and Strategies for Litigation”, in The ADA Handbook © 2013 Minnesota State Bar Association
“Minnesota Trial Court Finds NFL is an ‘Employer’ in StarCaps Case,” Sports Litigation Alert, Vol. 7, Issue 9 (May 20, 2010)
“StarCaps and Lawful Consumable Products Laws,” Employment Law 360 (Portfolio Media March 31, 2010)
“NFL Loses Latest Round of Appeals in Drug Testing Case,” Sports Litigation Alert, Vol. 7, Issue 1 (Jan. 29, 2010)
“Federal Court Tackles NFL Drug Testing Program,” Sports Litigation Alert, Vol. 6, Issue 18 (with Robert L. Clayton), reprinted in Professional Sports and the Law, March-April 2010, v. 1, Issue 1
“State Should Reform Drug-Testing Law,” Star Tribune Business Forum, July 20, 2009
“What Do They Have in Mind? Minnesota’s Drug-Testing Law Turns 20,” Bench & Bar (September 2007)

Mr. Ella also regularly speaks on drug testing law for national and state organizations, including the following presentations:

“The Law of Drug Testing in the Workplace: the Minnesota Model,” National Association for Alcoholism and Drug Abuse Counselors (NAADAC) Annual Conference, October 9, 2016, Minneapolis, Minnesota (upcoming)
“States with Unique Drug Testing Laws – What you need to know to avoid liability,” National webinar in cooperation with Hire Image, June 15, 2016.
“Drug Testing in the Workplace – It’s even worse than you think”, Society of Human Resource Management (SHRM), Annual State Conference, Rochester, Minnesota, October 12, 2015.
“Up in Smoke – Is complying with Minnesota drug testing laws a pipe dream?” Society of Human Resource Management (SHRM), Annual State Conference, Duluth, Minnesota, October 12, 2010
“DATWA Turns Twenty – A look back at Minnesota’s Drug and Alcohol Testing in the Workplace Act twenty years after enactment,” Hennepin County Bar Association, Section on Labor & Employment Law, September 18, 2007

Contact Craig W. Trepanier – craig@trepanierlaw.com or V. John Ella – jella@trepanierlaw.com if you have questions about your drug and alcohol testing policy, a drug testing lawsuit, or drug and alcohol testing law.