An Employee Just Complained That His Co-worker Smells Like Marijuana. Can I Have Him Tested?
Maybe. First, in Minnesota employers can test employees for drug use under specialized circumstances and then only if the company has a written policy that has been communicated to employees.
The policy could allow employers to test under any (or all) of the following circumstances: job applicant, post-accident, reasonable suspicion, returning from rehabilitation, routine physical examination, or random (safety sensitive jobs and professional athletes only). Employers are cautioned that: the contents of the policy must comply with the many requirements set forth by the Minnesota Drug and Alcohol Testing in the Workplace Act; the testing itself must comply with the requirements of the law; and the policy must be distributed to the employee prior to testing.
If all policy and distribution requirements are in place, then the employer must decide whether there is reasonable suspicion based on the circumstances to send the employee in for testing.
Thompson Coe’s Tips of the Week are not intended as a solicitation, do not constitute legal advice and do not establish an attorney-client relationship.