Drugs in the workplace: Are confessing to using drugs and testing positive for drugs two different things?

confess to doing drugs before they even complete testing. Minnesota employers are allowed to respond differently to an admission of drug usage than to a positive drug test. DATWA makes no exceptions for confessions on company property; the employer may immediately terminate an employee that admits to using illegal substances, if that is consistent with company policy. In that situation, the employer is not responsible for ensuring the employee gets any treatment for a drug addiction. However, if a Minnesota employee’s drug test comes back positive for the first time, the employer may not fire its employee, and instead must allow the employee to go through a rehab or treatment program. (After that program is completed, any positive drug tests may be grounds for termination.) Employers should be aware of state laws when it comes to drug testing employees and what they are legally bound to do if drug tests come back positive. Maine, Rhode Island and Vermont have similar laws to Minnesota’s DATWA, in that the first positive drug test is not grounds for termination; Iowa employers have a responsibility to the employee after the first positive alcohol test, but not after a positive drug test. The National Law Review encourages employers to proceed with drug testing as usual regardless of whether an employee has confessed to drug usage prior to testing.]]>

You May Also Like

Check out these additional posts from Mind Your Business.

Background Checks for Remote Employees: Things to Consider

Conducting background checks on new hires continues to be a standard practice for most companies. The way many organizations operate, hire, and conduct business has changed. One of the biggest changes is the number of individuals who transitioned to working from home. Many employers are now offering teleworking options or even recruiting nationwide for candidates.…
Read More

Social Media Screening: What You Need to Know

Social media screening has become a hot topic in the industry and for good reason. It was discouraged by legal counsel and was thought of as a very risky hiring practice. The pre-employment screening landscape has changed, and now social media screening is a common hiring practice for commercial organizations and the federal government. Today,…
Read More

Is the National Criminal Database Search Enough?

When conducting a background check, the first step is often searching the National Criminal Database. Also known as the Multi-State or the National Search, this search type pulls information from thousands of databases and jurisdictions. It is often the cheapest option and commonly mistaken as the “all-inclusive” background check. Many companies unknowingly rely on only…
Read More

Quality and Precise Results, On Time!

Let us know about your screening needs to get a custom quote. We work with businesses big and small as well as the government. Which means we have a package of solutions for your organization as well.