DATWA Amendments Expand Drug, Alcohol, and Cannabis Testing Options
Effective October 1, 2024, Minnesota amends its Drug and Alcohol Testing in the Workplace Act (DATWA) to permit oral fluid (saliva) testing as a form of drug, alcohol, and cannabis testing as long as it complies with the procedures and requirements outlined in the DATWA.
The amendments specify that oral fluid testing does not require the services of a testing laboratory or the customary chain-of-custody procedures.
Key points to remember:
- Oral fluid testing is now an option: Employers in Minnesota can choose to use oral fluid testing as an alternative to traditional urine drug tests.
- No lab required: Employers can conduct oral fluid tests on-site, eliminating the need for lab processing.
- Confirmatory testing: If an oral fluid test results in a positive or inconclusive result, the employee or applicant can request a confirmation lab test at no cost.
Employers must be aware of the specific regulations and procedures related to oral fluid testing in Minnesota to ensure compliance with local laws and maintain a fair and equitable drug testing policy.
Key DATWA requirements for employers:
- Informed Consent: Employers must provide clear and written notice to employees or applicants about the potential for oral fluid testing. Include its purpose, procedures, and consequences of a positive result.
- Privacy and Confidentiality: Employers must confidentially handle test results and related information, following applicable privacy laws.
- Reasonable Suspicion: Oral fluid testing can generally be conducted based on reasonable suspicion, such as observed impairment or evidence of drug or alcohol use.
- Pre-Employment Testing: Employers can use oral fluid testing as part of pre-employment screenings. However, they must comply with any applicable federal or state laws regarding pre-employment testing.
Review Policies: Employers in Minnesota need to update their drug and alcohol testing policies to reflect the DATWA changes made in 2024. The new law allows for oral fluid testing, which was not previously permitted.
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