By Joyce Hottinger

Q: I’ve heard about drug and alcohol testing for employees, but with recent state law changes, I’m unsure whether my city is required to test and how to go about it. Can you help me understand?

A: In cities, drug and alcohol testing functions much like an airport security checkpoint — it’s designed to catch anything prohibited before someone moves forward. Just as airport security scans bags for restricted items, drug tests screen for substances that may not be allowed in certain work environments. Some people may be randomly selected for extra screening, similar to a city’s random drug testing. If something suspicious is found, further testing confirms whether there’s an actual issue. And just as airline pilots face stricter travel regulations, employees in safety-sensitive jobs are subject to stricter drug policies. Drug and alcohol testing is governed by two separate and distinct sets of laws: state and federal.

Minnesota law: Cities that choose to conduct drug and alcohol testing must comply with the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). DATWA outlines the rules for drug, alcohol, and cannabis testing for job applicants and employees. While it allows testing under certain circumstances, it does not require it. However, if a city elects to implement testing, it must follow specific procedures, including having a DATWA- compliant written city policy.

Federal law: The Federal 1994 DOT Highway Administration regulations require drug and alcohol testing in certain situations for employees performing safety sensitive functions under a commercial driver’s license (CDL). Many CDL drivers operating specific types of vehicles, such as vehicles weighting over 26,001 pounds, fall under these required DOT testing rules.

A city with both DOT-covered and non-DOT employees must follow both state and federal drug and alcohol testing laws. Generally, DOT-covered employees must be tested under federal DOT regulations, while non-DOT covered employees fall under Minnesota’s DATWA if the city chooses to implement testing.

Recent cannabis law changes and their impact on testing

In May 2023, Minnesota legalized recreational cannabis and marijuana for adults age 21 and older. Then, in August 2024, the state introduced another law providing oral fluid testing as an alternative option to lab-based drug, alcohol, and cannabis testing.

These new laws impact how cities approach drug testing under Minnesota DATWA, but do not impact federal DOT drug and alcohol testing rules as cannabis remains prohibited under federal law.

Under a city’s DATWA policy, the 2023 law change means cannabis, in many circumstances, is no longer classified as a “drug” for testing purposes. However, there are exceptions. DATWA still considers cannabis a “drug” for employees in “safety-sensitive” roles, including:

• Police officers
• Firefighters
• Child care workers
• Health care workers
• Other specified safety-related positions

For these unique job categories, cities can continue treating cannabis like any other drug under DATWA.

City testing requirements and best practices

Cities that choose to test non-DOT applicants and employees for drugs, alcohol, or, in some cases, cannabis, must:

• Have a written policy that complies with DATWA statutory requirements.
• Provide required notifications and uphold employee/applicant rights outlined in a city’s DATWA policy.
• Use specific certified laboratories for testing, except for oral fluid testing, which does not require a laboratory.

Oral fluid testing is the only process exempt from Minnesota’s laboratory requirements. However, cities using this method must follow strict collection and notification requirements. If an applicant or employee receives a positive, inconclusive, or invalid oral fluid test, the city must provide additional testing services through a certified laboratory at no cost to the employee.

For more information on drug testing, and to access a model non-DOT policy template, refer to the League’s Drug and Alcohol Testing Toolkit at lmc.org/drugtest.

Joyce Hottinger is assistant human resources director with the League of Minnesota Cities. Contact: [email protected] or (651) 281-1216.