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416-Drug and Alcohol Testing

  • 400 Series: Personnel
416-Drug and Alcohol Testing
Rationale Date Approved/Revised

The school board recognizes the significant problems created by drug and alcohol use in society in general, and the public schools in particular. The school board further recognizes the important contribution that the public schools have in shaping the youth of today into the adults of tomorrow.

The school board believes that a work environment free of drug and alcohol use will be not only safer, healthier, and more productive but also more conducive to effective learning. Therefore, to provide such an environment, the purpose of this policy is to provide authority so that the school board may require all employees and/or job applicants to submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in federal law and Minn. Stat. §§ 181.950-181.957.

  • 11/22/11
  • Revised: 6/28/16
  • Revised: 5/21/19
  • Revised: 9/24/19
  • Revised: 11/15/22
  • Revised:  12/19/23
  • Revised: 5/21/24

1.General Statement of Policy
A.  All school district employees and job applicants whose positions require a commercial driver's license will be required to undergo drug and alcohol testing  and cannabis testing  in accordance with federal law and the applicable provisions of this policy.  The school district may also request or require that drivers submit to drug and alcohol testing and cannabis testing in accordance with the provisions of this policy and as provided in Minnesota Statutes sections 181.950 – 181.957.
B. The school district may request or require that any school district employee or job applicant, other than an employee or applicant whose position requires a commercial driver's license, submit to drug and alcohol testing  and cannabis testing  in accordance with the provisions of this policy and as provided in Minnesota Statutes sections 181.950 -  181.957.
C.  The use, possession, sale, purchase, transfer, or dispensing of any drugs not medically prescribed including medical cannabis, whether or not it has been prescribed for the employee, is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event.  Use of drugs that are not medically prescribed, including medical cannabis, whether or not it has been prescribed for the employee, is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property.  Employees under the influence of drugs that are not medically prescribed are prohibited from entering or remaining on school district property.
D.  The use, possession, sale, purchase, transfer, or dispensing of alcohol or cannabis is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event.  Use of alcohol or cannabis  is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property.  Employees under the influence of alcohol  or cannabis are prohibited from entering or remaining on school district property.
E.  Any employee who violates this section shall be subject to discipline which includes, but is not limited to, immediate suspension without pay and immediate discharge.
F.  The school district may discipline, discharge, or take other adverse personnel action against an employee for cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer product use, possession, impairment, sale, or transfer while an employee is working, on school district premises, or operating a school district vehicle, machinery, or equipment as follows:
1. if, as the result of consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product, the employee does not possess that clearness of intellect and control of self that the employee otherwise would have;
2. if cannabis testing verifies the presence of cannabis flower, a cannabis  product, a lower-potency hemp edible, or a hemp-derived consumer product following a confirmatory test;
3. as provided in the school district’s written work rules for cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products and cannabis testing, provided that the rules are in writing and in a written policy that contains the minimum information required by section 181.952; or
4. as otherwise authorized or required under state or federal law or regulations, or if a failure to do so would cause the school district to lose a monetary or licensing-related benefit under federal law or regulations.
2)  Federally Mandated Drug and Alcohol Testing for School Bus Drivers
A. General Statement of Policy
All persons subject to commercial driver's license requirements shall be tested for alcohol, marijuana (including medical cannabis), cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP), pursuant to federal law.  Drivers who test positive for alcohol or drugs shall be subject to disciplinary action, which may include termination of employment.
B. Definitions
1.“Actual Knowledge” means actual knowledge by the school district that a driver has used alcohol or controlled substances based on: (a) direct observation of the employee’s use (not observation of behavior sufficient to warrant reasonable suspicion testing); (b) information provided by a previous employer; (c) a traffic citation; or (d) an employee’s admission, except when made in connection with a qualified employee self-admission program.
2. “Alcohol Screening Device” (ASD) means a breath or saliva device, other than an Evidential Breath Testing Device (EBT), that is approved by the National Highway Traffic Safety Administration and placed on its Conforming Products List for such devices.
3.  "Breath Alcohol Technician" (BAT) means an individual who instructs and assists individuals in the alcohol testing process and who operates the Evidential Breath Testing Device (EBT).
4. "Commercial motor vehicle" (CMV) includes a vehicle that is designed to transport 16 or more passengers, including the driver.
5. “Designated Employer Representative” (DER) means an employee authorized by the school district to take immediate action to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation process, The DER receives test results and other communications for the school district.
6. “Department of Transportation” (DOT) means United States Department of Transportation.
7. “Direct Observation” means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing.
8.  “Driver” is any person who operates a CMV, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, leased drivers, and independent owner-operator contractors.
9. "Evidential Breath Testing Device" (EBT) means an EBT approved by the National Highway Traffic Safety Administration for the evidentiary testing of breath for alcohol concentration and placed on its Conforming Products List for such devices.
10. “Licensed Medical Practitioner” means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.
11."Medical Review Officer" (MRO) means a licensed physician responsible for receiving and reviewing laboratory results generated by the school district's drug testing program and for evaluating medical explanations for certain drug tests.
12.“Refusal to Submit” (to an alcohol or controlled substances test) means that a driver: (a) fails to appear for any test within a reasonable time, as determined by the school district, consistent with applicable DOT regulations, after being directed to do so; (b) fails to remain at the testing site until the testing process is complete; (c) fails to provide a urine specimen or an adequate amount of saliva or breath for any DOT drug or alcohol test; (d) fails to permit the observation or monitoring of the driver’s provision of a specimen in the case of a directly observed or monitored collection in a drug test; (e) fails to provide a sufficient breath specimen or sufficient amount of urine when directed and a determination has been made that no adequate medical explanation for the failure exists; (f) fails or declines to take an additional test as directed by the school district or the collector; (g) fails to undergo a medical examination or evaluation, as directed by the MRO or the DER; (h) fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by the collector, fails to sign the certification on the forms); (i) fails to follow the observer’s instructions, in an observed collection, to raise the driver’s clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if the driver has any type of prosthetic or other device that could be used to interfere with the collection process; (j) possesses or wears a prosthetic or other device that could be used to interfere with the collection process; (k) admits to the collector or MRO that the driver adulterated or substituted the specimen; or (l) is reported by the MRO as having a verified adulterated or substituted test result.  An applicant who fails to appear for a pre-employment test, who leaves the testing site before the pre-employment testing process commences, or who does not provide a urine specimen because he or she has left before it commences is not deemed to have refused to submit to testing.
13."Safety-Sensitive Functions" are on-duty functions from the time the driver begins work or is required to be in readiness to work until relieved from work and all responsibility for performing work, and include such functions as driving, loading and unloading vehicles, or supervising or assisting in the loading or unloading of vehicles, servicing, repairing, obtaining assistance to repair, or remaining in attendance during the repair of a disabled vehicle.
14. "Screening Test Technician" (STT) means anyone meeting the requirements for a BAT who may act as an STT, provided that the individual has demonstrated proficiency in the operation of non-evidential screening devices (approved for use in lieu of EBTs to perform screening tests).
15.“Stand Down” means to temporarily remove an employee from performing safety-sensitive functions after a laboratory reports a confirmed positive, an adulterated, or a substituted test result but before the MRO completes the verification process.
16. "Substance Abuse Professional" (SAP) means a qualified person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
C.  Policy and Educational Materials
1. The school district shall provide a copy of this policy and procedures to each driver prior to the start of its alcohol and drug testing program and to each driver subsequently hired or transferred into a position requiring driving of a CMV.
2. The school district shall provide to each driver information required under Title 49 of the Code of Federal Regulations, including information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or controlled substance problem (the driver’s or a coworker’s); and available methods of intervening when an alcohol or controlled substance problem is suspected, including confrontation, referral to an employee assistant program, and/or referral to management.  Any person having questions regarding this policy or alcohol/drug use and abuse should contact the Director of Human Resources.
3. The school district shall provide written notice to representatives of employee organizations that the information described above is available.
4. The school district shall require each driver to sign a statement in the form of Attachment A certifying that the driver has received a copy of the policy and materials.  The school district will maintain the original signed certificate and will provide a copy to the driver if the driver so requests.
D.  Alcohol and Controlled Substances Testing Program Manager
1.  The program manager will coordinate the implementation, direction, and administration of the alcohol and controlled substances testing policy for bus drivers.  The program manager is the principal contact for the collection site, the testing laboratory, the MRO, the BAT, the SAP, and the person submitting to the test.  Employee questions concerning this policy shall be directed to the program manager.
2.  The school district shall designate a program manager and provide written notice of the designation to each driver along with this policy.
E. Specific Prohibitions for Drivers
1. Alcohol Concentration.  No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.00 or greater.  Drivers who test greater than 0.00 will be taken out of service and will be subject to evaluation by a professional and re-testing at the driver's expense.
2. Alcohol Possession.  No driver shall be on duty or operate a CMV while the driver possesses alcohol.
3. On-Duty Use.  No driver shall use alcohol while performing safety-sensitive functions.
4. Pre-Duty Use.  No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.
5. Use Following an Accident.  No driver required to take a post-accident test shall use alcohol for eight (8) hours following the accident or until the driver undergoes a post-accident alcohol test, whichever occurs first.
6. Refusal to Submit to a Required Test.  No driver shall refuse to submit to an alcohol or controlled substances test required by post-accident, random, reasonable suspicion, return-to-duty, or follow-up testing requirements.  A verified adulterated or substituted drug test shall be considered a refusal to test.
7. Use of Controlled Substances.   No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to instructions (which have been presented to the school district) from a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that the substance does not adversely affect the driver's ability to safely operate a CMV.  Controlled substance includes medical cannabis, regardless of whether the driver is enrolled in the state registry program.
8.  Positive, Adulterated, or Substituted Test for Controlled Substance.   No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive for controlled substances, including medical cannabis, or has adulterated or substituted a test specimen for controlled substances.
9. General Prohibition.   Drivers are also subject to the general policies and procedures of the school district that prohibit possession, transfer, sale, exchange, reporting to work under the influence of drugs or alcohol, and consumption of drugs or alcohol while at work or while on school district premises or operating any school district vehicle, machinery, or equipment.
G.  Prescription Drugs/Cannabinoid Products
A driver shall inform the driver’s supervisor if at any time the driver is using a controlled substance pursuant to a physician's prescription.  The physician's instructions shall be presented to the school district upon request.  Use of a prescription drug shall be allowed if the physician has advised the driver that the prescribed drug will not adversely affect the driver's ability to safely operate a CMV.  Use of medical cannabis is prohibited notwithstanding the driver’s enrollment in the patient registry.  Use of nonintoxicating cannabinoids or edible cannabinoid products is not a legitimate medical explanation for a confirmed positive test result for marijuana.  MROs will verify a drug test confirmed as positive, even if a driver claims to have only used nonintoxicating cannabinoids or edible cannabinoid product.
H. Testing Requirements
1. Pre-Employment Testing
a. A driver applicant shall undergo testing for controlled substances, including medical cannabis, before the first time the driver performs safety-sensitive functions for the school district.
b.  Tests shall be conducted only after the applicant has received a conditional offer of employment.
c. To be hired, the applicant must test negative.
d. The applicant also must be asked whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee, during the last two (2) years, applied for, but did not obtain, safety-sensitive transportation work covered by DOT testing rules.
e. Before employing a driver subject to controlled substances and alcohol testing, the school district must conduct a full pre-employment query of the federal Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (“Clearinghouse”) to obtain information about whether the driver (1) has a verified positive, adulterated, or substituted controlled substances test results; (2) has an alcohol confirmation test with a concentration of 0.04 or higher; (3) has refused to submit to a test in violation of federal law; or (4) that an employer has reported actual knowledge that the driver used alcohol on duty, before duty, or following an accident in violation of federal law or used controlled substance in violation of federal law.  The applicant must give specific written or electronic consent for the school district to conduct the Clearinghouse full query.  The school district shall retain the consent for three (3) years from the date of query.
2.  Post-Accident Testing
a. As soon as practicable following an accident involving a CMV, the school district shall test the driver for alcohol and controlled substances, including medical cannabis, if the accident involved the loss of human life or if the driver receives a citation for a moving traffic violation arising from an accident which results in bodily injury or disabling damage to a motor vehicle.
b. Drivers should be tested for alcohol use within two (2) hours and no later than eight (8) hours after the accident.
c. Drivers should be tested for controlled substances, including medical cannabis, no later than thirty- two (32) hours after the accident.
d.  A driver subject to post-accident testing must remain available for testing, or shall be considered to have refused to submit to the test.
e. If a post-accident alcohol test is not administered within two hours following the accident, the school district shall prepare and maintain on file a record stating the reasons the test was not promptly administered and continue to attempt to administer the alcohol test within eight (8) hours.
f. If a post-accident alcohol test is not administered within eight (8) hours following the accident or a post-accident controlled substances test is not administered within thirty-two (32) hours following the accident, the school district shall cease attempts to administer the test, and prepare and maintain on file a record stating the reasons for not administering the test.
g. The school district shall report drug and alcohol program violations to the Clearinghouse as required under federal law.
3. Random Testing
a. The school district shall conduct tests on a random basis at unannounced times throughout the year, as required by the federal regulations.
b. The school district shall test for alcohol at the rate dictated annually by the Federal Motor Carrier Safety Administration (FMCSA).
c. The school district shall adopt a scientifically valid method for selecting drivers for testing, such as a random number table or a computer-based random number generator that is matched with identifying numbers of the drivers.  Each driver shall have an equal chance of being tested each time selections are made.  Each driver selected for testing shall be tested during the selection period.
d.  Drivers shall proceed immediately to the collection site upon notification of selection; provided, however, that if the driver is performing a safety-sensitive function, other than driving, at the time of notification, the driver shall cease to perform the function and proceed to the collection site as soon as possible.
4. Reasonable Suspicion Testing
a. The school district shall require a driver to submit to an alcohol test and/or controlled substances, including medical cannabis, test when a supervisor or school district official, who has been trained in accordance with the regulations, has reasonable suspicion to believe that the driver has used alcohol and/or controlled substances, including medical cannabis, on duty or within four (4) hours before coming on duty, or just after the period of the work day.  The test shall be done as soon as practicable following the observation of the behavior indicative of the use of controlled substances or alcohol.
b. The reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the driver's appearance, behavior, speech, or body odors.  The required observations for reasonable suspicion of a controlled substances violation may include indications of the chronic and withdrawal effects of controlled substances.
c. Alcohol testing shall be administered within two hours following a determination of reasonable suspicion.  If it is not done within two hours, the school district shall prepare and maintain a record explaining why it was not promptly administered and continue to attempt to administer the alcohol test within eight hours.  If an alcohol test is not administered within eight hours following the determination of reasonable suspicion, the school district shall cease attempts to administer the test, and state in the record the reasons for not administering the test.
d. The supervisor or school district official who makes observations leading to a controlled substances reasonable suspicion test shall make and sign a written record of the observations within twenty-four (24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier.
5.  Return-To-Duty Testing   A driver found to have violated this policy shall not return to work until an SAP has determined the employee has successfully complied with prescribed education and/or treatment and until undergoing return-to-duty tests indicating an alcohol concentration of less than 0.00 and a confirmed negative result for the use of controlled substances.  The school district is not required to return a driver to safety-sensitive duties because the driver has met these conditions; this is a personnel decision subject to collective bargaining agreements or other legal requirements.
6.  Follow-Up Testing.  When a SAP has determined that a driver is in need of assistance in resolving problems with alcohol and/or controlled substances, the driver shall be subject to unannounced follow-up testing as directed by the SAP for up to sixty (60) months after completing a treatment program.
7.  Consent to Testing.  Each driver and driver applicant tested under this policy will be requested to sign a consent form at the specimen collection site which authorizes the taking of the sample and the release of the results to the proper authority.
8.  Refusal to Submit and Attendant Consequences
a.  A driver or driver applicant has the right to refuse to submit to drug and alcohol testing.
b.  Refusal to submit to a required drug or alcohol test subjects the driver or driver applicant to the consequences specified in federal regulations.  In addition, a refusal to submit to testing establishes a presumption that the driver or driver applicant would test positive if a test were conducted and makes the driver or driver applicant subject to discipline or disqualification under this policy.
c.  A driver applicant who refuses to submit to testing shall be disqualified from further consideration for the conditionally offered position.
d. An employee who refuses to submit to testing shall not be permitted to perform safety-sensitive functions and will be considered insubordinate and subject to disciplinary action, up to and including dismissal.  If an employee is offered an opportunity to return to a DOT safety-sensitive duty, the employee will be evaluated by an SAP and must submit to a return-to-duty test prior to being reassigned to safety-sensitive functions.
e.  Drivers or driver applicants who refuse to submit to required testing will be required to sign a refusal form.
I. Testing Procedures
1. Drug Testing
a. Drug testing is conducted by analyzing a donor's urine specimen.  Split urine samples will be collected in accordance with federal regulations.  The donor will provide a urine sample at a designated collection site.  The collection site personnel will then pour the sample into two sample bottles, labeled "primary" and "split," seal the specimen bottles, complete the chain of custody form, and prepare the specimen bottles for shipment to the testing laboratory for analysis.  The specimen preparation shall be conducted in sight of the donor.
b. If the donor is unable to provide the appropriate quantity of urine, the collection site person shall instruct the individual to drink up to forty (40) ounces of fluid distributed reasonably through a period of up to three (3) hours to attempt to provide a sample.  If the individual is still unable to provide a complete sample, the test shall be discontinued and the school district notified.  The DER shall refer the donor for a medical evaluation to determine if the donor's inability to provide a specimen is genuine or constitutes a refusal to test.  For pre-employment testing, the school district may elect to not have a referral made, and revoke the employment offer.
c. Drug test results are reported directly to the MRO by the testing  laboratory.  The MRO reports the results to the DER.  If the results are negative, the school district is informed and no further action is necessary.  If the test result is confirmed positive, adulterated, substituted, or invalid, the MRO shall give the donor an opportunity to discuss the test result.  The MRO will contact the donor directly, on a confidential basis, to determine whether the donor wishes to discuss the test result.  The MRO shall notify each donor that the donor has seventy-two (72) hours from the time of the notification in which to request a test of the split specimen at the donor's expense.  No split specimen testing is done for an invalid result.
d. If the donor requests an analysis of the split specimen within seventy-two (72) hours of having been informed of a confirmed positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another Department of Health and Human Services–SAMHSA certified laboratory for analysis.  If the donor has not contacted the MRO within seventy-two (72) hours, the donor may present the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the confirmed positive test, or other circumstances unavoidably prevented the donor from timely making contact.  If the MRO concludes that a legitimate explanation for the donor's failure to contact him/her within seventy-two (72) hours exists, the MRO shall direct the analysis of the split specimen.  The MRO will review the confirmed positive test result to determine whether an acceptable medical reason for the positive result exists.  The MRO shall confirm and report a positive test result to the DER and the employee when no legitimate medical reason for a positive test result as received from the testing laboratory exists.
e. If, after making reasonable efforts and documenting those efforts, the MRO is unable to reach the donor directly, the MRO must contact the DER who will direct the donor to contact the MRO.  If the DER is unable to contact the donor, the donor will be suspended from performing safety-sensitive functions.
f. The MRO may confirm the test as a positive without having communicated directly with the donor about the test results under the following circumstances:
(1) The donor expressly declines the opportunity to discuss the test results; or
(2) The donor has not contacted the MRO within seventy-two (72) hours of being instructed to do so by the DER; or
(3)  The MRO and the DER, after making and documenting all reasonable efforts, have not been able to contact the donor within ten (10) days of the date the confirmed test result was received from the laboratory.
2.  Alcohol Testing
a. The federal alcohol testing regulations require breath testing to be administered by a BAT using an EBT or an STT using an ASD.  EBTs and ASDs can be used for screening tests but only EBTs can be used for confirmation tests.  
b.  Any result less than 0.00 alcohol concentration is considered a "negative" test. 
c. If the donor is unable to provide sufficient saliva for an ASD, the DER will immediately arrange to use an EBT.  If the donor attempts and fails to provide an adequate amount of breath, the school district will direct the donor to obtain a written evaluation from a licensed physician to determine if the donor's inability to provide a breath sample is genuine or constitutes a refusal to test.
d.  If the screening test results show alcohol concentration of 0.00 or higher, a confirmatory test conducted on an EBT will be required to be performed between fifteen (15) and thirty (30) minutes after the completion of the screening test.
e. Alcohol tests are reported directly to the DER.
J.  Driver/Driver Applicant Rights
1. All drivers and driver applicants subject to the controlled substances testing provisions of this policy who receive a confirmed positive test result for the use of controlled substances, have the right to request, at the driver's or driver applicant's expense, a confirming retest of the split urine sample.  If the confirming retest is negative, no adverse action will be taken against the driver, and a driver applicant will be considered for employment.
2. The school district will not discharge a driver who, for the first time, receives a confirmed positive drug or alcohol test UNLESS:
a. The school district has first given the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with the SAP; and
b. The employee refuses to participate in the recommended program, or fails to successfully complete the program as evidenced by withdrawal before its completion or by a positive test result on a confirmatory test after completion of the program.
c. This limitation on employee discharge does not bar discharge of an employee for reasons independent of the first confirmed positive test result.
K. Testing Laboratory
The testing administrator is:  My Medical Clinic MN, 1560 Beam Avenue, Suite F, Maplewood, MN 55109, telephone 651-340-1445, and the testing laboratory for controlled substances will be Med-Tox, 402 West County Road D, St. Paul, MN 55112, telephone 651-636-7466, which is a laboratory certified by the Department of Health and Human Services-SAMHSA to perform controlled substances testing pursuant to federal regulations.
L. Confidentiality of Test Results
All alcohol and controlled substances test results and required records of the drug and alcohol testing program are considered confidential information under federal law and private data on individuals as that phrase is defined in Minnesota Statutes chapter 13.  Any information concerning the individual's test results and records shall not be released without written permission of the individual, except as provided for by regulation or law.
M. Recordkeeping Requirements and Retention of Records
1. The school district shall keep and maintain records in accordance with the federal regulations in a secure location with controlled access.
2.  The required records shall be retained for the following minimum periods:
Basic records: 5 years
“Basic records” includes records of:  (a) alcohol test results with concentration of 0.00 or greater; (b) verified positive drug test results; (c) refusals to submit to required tests (including substituted or adulterated drug test results); (d) SAP reports; (e) all follow-up tests and schedules for follow-up tests; (f) calibration documentation; (g) administration of the testing programs; and (h) each annual calendar year summary.
Information obtained from previous employers                    3 years
Alcohol and controlled substance collection procedures     2 years
Negative and cancelled controlled substance tests:            1 year
Alcohol tests with less than 0.02 concentration:                  1 year
Education and training records                                            indefinite

“Education and training records” must be maintained while the individuals perform the functions which require training and for the two (2) years after ceasing to perform those functions.
3.  Personal Information
Personal information about all individuals who undergo any required testing under this policy will be shared with the U.S. DOT Drug & Alcohol Clearinghouse (“Clearinghouse”) as required under federal law, including:
a.  The name of the person tested;
b.  Any verified positive, adulterated, or substituted drug test result;
c.  Any alcohol confirmation test with a BAC concentration of 0.00 or higher;
d.  Any refusal to submit to any test required hereunder;
e.  Any report by a supervisor of actual knowledge of use as follows:
i. Any on-duty alcohol use;
ii. Any pre-duty alcohol use;
iii. Any alcohol use following an accident; and
iv. Any controlled substance use.
f. Any report from a substance abuse professional certifying successful completion of the return-to-work process;
g. Any negative return-to-duty test; and
h. Any employer’s report of completion of follow-up testing
N. Training
The school district shall ensure all persons designated to supervise drivers receive training.  The designated employees shall receive at least sixty (60) minutes of training on alcohol misuse and at least sixty (60) minutes of training on controlled substances use.  The training shall include physical, behavioral, speech, and performance indicators of probable misuse of alcohol and use of controlled substances.  The training will be used by the supervisors to make determinations of reasonable suspicion.
O. Consequences of Prohibited Conduct and Enforcement
1. Removal.  The school district shall remove a driver who has engaged in prohibited conduct from safety-sensitive functions.  A driver shall not be permitted to return to safety-sensitive functions until and unless the return-to-duty requirements of federal DOT regulations have been completed.
2.  Referral, Evaluation, and Treatment
a. A driver who has engaged in prohibited conduct shall be provided a listing of SAPs readily available to the driver or applicant and acceptable to the school district.
b.  If the school district offers a driver an opportunity to return to a DOT safety-sensitive duty following a violation, the driver must be evaluated by an SAP and the driver is required to successfully comply with the SAP’s evaluation recommendations (education, treatment, follow-up evaluation(s), and/or ongoing services).  The school district is not required to provide an SAP evaluation or any subsequent recommended education or treatment.
c.  Drivers are responsible for payment for SAP evaluations and services unless a collective bargaining agreement or employee benefit plan provides otherwise.
d.   Drivers who engage in prohibited conduct also are required to comply with follow-up testing requirements.
3.  Disciplinary Action
a.  Any driver who refuses to submit to post-accident, random, reasonable suspicion, or follow-up testing not only shall not perform or continue to perform safety-sensitive functions, but also may be subject to disciplinary action, which may include immediate suspension without pay and/or immediate discharge.
b.  Drivers who test positive with verification of a confirmatory test or are otherwise found to be in violation of this policy or the federal regulations shall be subject to disciplinary action, which may include immediate suspension without pay and/or immediate discharge.
c.  Nothing in this policy limits or restricts the right of the school district to discipline or discharge a driver for conduct which not only constitutes prohibited conduct under this policy but also violates the school district's other rules or policies.
P.  Other Testing
The school district may request or require that drivers submit to cannabis testing or drug and alcohol testing other than that required by federal law.  For example, drivers may be requested or required to undergo cannabis testing or drug and alcohol testing on an annual basis as part of a routine physical examination.  Such additional testing of drivers will be conducted only in accordance with the provisions of this policy and as provided in Minnesota Statutes sections 181.950-181.957.  For purposes of such additional, non-mandatory testing, drivers fall within the definition of “other employees” covered by Section 3) of this policy.
Q.  Report to Clearinghouse
The school district shall promptly submit to the Clearinghouse any record generated of an individual who refuses to take an alcohol or controlled substance test required under Title 49, Code of Federal Regulations, tests positive for alcohol or a controlled substance in violation of federal regulations, or violates subpart B of Part 382 of Title 49, Code of Federal Regulations (or any subsequent corresponding regulations).
R.  Annual Clearinghouse Query 
1. The school district must conduct a query of the Clearinghouse record at least once per year for information for all employees subject to controlled substance and alcohol testing related to the CMV operation to determine whether information exists in the Clearinghouse about those employees.  In lieu of a full query, the school district may obtain the individual driver’s consent to conduct a limited query to satisfy the annual query requirement.  The limited query will tell the employer whether there is information about the driver in the Clearinghouse but will not release that information to the employer.  If the limited query shows that information exists in the Clearinghouse about the driver, the school district must conduct a full query within twenty-four (24) hours or must not allow the driver to continue to perform any safety-sensitive function until the employee conducts the full query and the results confirm the driver’s Clearinghouse record contains no prohibitions showing the driver has a verified positive, adulterated or substitute controlled substance test, no alcohol confirmation test with a concentration of 0.04 or higher, refuses to submit to a test, or was reported to have used alcohol on duty, before duty, following an accident or otherwise used a controlled substance in violation of the regulations except where the driver completed the SAP evaluation, referral and education/treatment process as required by the regulations.  The school district shall comply with the query requirements set forth in 49 Code of Federal Regulations 382.701.
2.  The school district may not access an individual’s Clearinghouse record unless the school district (1) obtains the individual’s prior written or electronic consent for access to the record; and (2) submits proof of the individual’s consent to the Clearinghouse.   The school district must retain the consent for three (3) years from the date of the last query.  The school district shall retain for three (3) years a record of each request for records from the Clearinghouse and the information received pursuant to the request.
3. The school district shall protect the individual’s privacy and confidentiality of each Clearinghouse record it receives.  The school district shall ensure that information contained in a Clearinghouse record is not divulged to a person or entity not directly involved in assessing and evaluating whether a prohibition applies with respect to the individual to operate a CMV for the school district.
4. The school district may use an individual’s Clearinghouse record only to assess and evaluate whether a prohibition applies with respect to the individual to operate a CMV for the school district.
3) Cannabis Testing or Drug and Alcohol Testing for Other Employees
The school district may request or require drug and alcohol testing or cannabis testing for other school district personnel, i.e., employees who are not school bus drivers, or job applicants for such positions.  The school district does not have a legal duty to request or require any employee or job applicant to undergo drug and alcohol testing or cannabis testing as authorized in this policy, except for school bus drivers and other drivers of CMVs who are subject to federally mandated testing.  (See Section 2 of this policy.)
A.  Definitions
1.  “Cannabis testing” means the analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis flower, as defined in Minnesota Statutes, section 342.01, subdivision 16, cannabis products, as defined in section 342.01, subdivision 20, lower-potency hemp edibles as defined in section 342.01, subdivision 50, hemp-derived consumer products as defined in section 342.01, subdivision 37, or cannabis metabolites in the sample tested. The definitions in this section apply to cannabis testing unless stated otherwise.
2. “Confirmatory test” and “confirmatory retest” mean a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1.
3. “Drug” means a controlled substance as defined in Minnesota Statutes, section 152.01, subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as defined in section 342.01, subdivision 16, cannabis products as defined in section 342.01, subdivision 20, lower-potency hemp edibles as defined in section 342.01, subdivision 50, and hemp-derived consumer products as defined in section 342.01, subdivision 37.
4. “Drug and Alcohol Testing,” “Drug or Alcohol Testing,” and “Drug or Alcohol Test” mean analysis of a body component sample by a testing laboratory that meets one of the criteria listed in Minnesota Statutes, section 181.953, subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" do not include cannabis or cannabis testing, unless stated otherwise.
5. "Employee" means a person, independent contractor, or person working for an independent contractor who performs services for compensation, in whatever form, for an employer.
6. "Initial screening test" means a drug or alcohol test or cannabis test which uses a method of analysis under one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1.
7. “Job Applicant” means a person, independent contractor, or person working for an independent contractor who applies to become an employee of the school district in a position that does not require a commercial driver’s license, and includes a person who has received a job offer made contingent on the person’s passing drug or alcohol testing.  Job applicants for positions requiring a commercial driver’s license are governed by the provisions of the school district's drug and alcohol testing policy relating to school bus drivers (Section III.).
8. “Other Employees” means any persons, independent contractors, or persons working for an independent contractor who perform services for the school district for compensation, either full time or part time, in whatever form, except for persons whose positions require a commercial driver’s license, and includes both professional and nonprofessional personnel.  Persons whose positions require a commercial driver’s license are primarily governed by the provisions of the school district's drug and alcohol testing policy relating to school bus drivers (Section III.).  To the extent that the drug and alcohol testing of persons whose positions require a commercial driver’s license is not mandated by federal law and regulations, such testing shall be governed by Section IV. of this policy and the drivers shall fall within this definition of “other employees.”
9.  “Positive Test Result” means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1.
10. “Random Selection Basis” means a mechanism for selection of employees that:
a. results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected; and
b.   does not give the school district discretion to waive the selection of any employee selected under the mechanism.
11. “Reasonable Suspicion” means a basis for forming a belief based on specific facts and rational inferences drawn from those facts.
12.  “Safety-Sensitive Position” means a job, including any supervisory or management position, in which an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person.
B.  Circumstances Under Which Cannabis Testing or  Drug Or Alcohol Testing May Be Requested or Required; Exceptions:
1.  General Limitations
a.  The school district will not request or require an employee or job applicant whose position does not require a commercial driver's license to undergo drug or alcohol testing, unless the testing is done pursuant to this drug and alcohol testing policy; and is conducted by a testing laboratory that meets one of the criteria listed in Minnesota Statute section 181.953, Subd. 1.
b.  The school district will not request or require an employee or job applicant whose position does not require a commercial driver's license to undergo drug and alcohol testing on an arbitrary and capricious basis.
2.  Cannabis Testing Exceptions
For the following positions, cannabis and its metabolites are considered a drug and subject to the drug and alcohol testing provisions in Minnesota Statutes, sections 181.950 to 181.957:
a.  a safety-sensitive position, as defined in Minnesota Statutes, section 181.950, subdivision 13;
b.  a position requiring face-to-face care, training, education, supervision, counseling, consultation, or medical assistance to children;
c.  a position requiring a commercial driver's license or requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee;
d.  a position of employment funded by a federal grant; or
e.  any other position for which state or federal law requires testing of a job applicant or an employee for cannabis.
3.  Job Applicant Testing
The school district may request or require any job applicant whose position does not require a commercial driver's license to undergo drug and alcohol testing, provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position.  If a job applicant has received a job offer that is contingent on the applicant passing drug and alcohol testing, the school district may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirming test.  In the event the job offer is subsequently withdrawn, the school district shall notify the job applicant of the reason for its action.
a. The school district must not request or require a job applicant to undergo  cannabis testing solely for the purpose of determining the presence or absence of cannabis as a condition of employment unless otherwise required by state or federal law.
b. Unless otherwise required by state or federal law, the school district must not refuse to hire a job applicant solely because the job applicant submits to a cannabis test or a drug and alcohol test authorized by Minnesota law and the results of the test indicate the presence of cannabis.
c. The school district must not request or require an employee or job applicant to undergo cannabis testing on an arbitrary or capricious basis.
d. Cannabis testing authorized under paragraph (d) must comply with the safeguards for testing employees provided in Minnesota Statutes, sections 181.953 and 181.954.
4.  Random Testing
The school district may request or require "other employees" in safety-sensitive positions to undergo cannabis testing or drug and alcohol testing on a random selection basis only if they are employed in safety-sensitive positions.
5. Reasonable Suspicion Testing
The school district may request or require any employee to undergo cannabis testing or drug and alcohol testing if the school district has a reasonable suspicion that the employee:
a. is under the influence of cannabis, drugs, or alcohol;
b. has violated the school district's written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products while the employee is working or while the employee is on the school district's premises or operating the school district's vehicles, machinery, or equipment;
c. has sustained a personal injury, as that term is defined in Minnesota Statutes section 176.011, subdivision 16, or has caused another employee to sustain a personal injury; or
d. has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident.
6.  Treatment Program Testing
The school district may request or require any employee to undergo cannabis testing and drug and alcohol testing if the employee has been referred by the school district for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo cannabis testing and drug and alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two (2) years following completion of any prescribed chemical dependency treatment program.
7. Routine Physical Examination Testing
The school district may request or require any employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested or required no more than once annually and the employee has been given at least two weeks’ written notice that a drug or alcohol test may be requested or required as part of the physical examination.
B. No Legal Duty to Test
The school district does not have a legal duty to request or require any employee or job applicant whose position does not require a commercial driver's license to undergo drug and alcohol testing.
C. Definitions
1. "Drug" means a controlled substance as defined in Minnesota Statutes, including medical cannabis, regardless of enrollment in the state registry program.
2. "Drug and Alcohol Testing," "Drug or Alcohol Testing," and "Drug or Alcohol Test" mean analysis of a body component sample by a testing laboratory that meets one of the criteria listed in Minnesota Statute section 181.953, subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.
3.  "Other Employees" means any persons, independent contractors, or persons working for an independent contractor who perform services for compensation, either full-time or part-time, in whatever form, except for persons whose positions require a commercial driver's license, for the school district, and includes both professional and nonprofessional personnel.  Persons whose positions require a commercial driver's license are governed by the provisions of the school district's drug and alcohol testing policy relating to school bus drivers (Section 2).  To the extent that the drug and alcohol testing of persons whose positions require a commercial driver’s license is not mandated by federal law and regulations, such testing shall be governed by Section 3 of this policy and the drivers shall fall within this definition of “other employees.”
4. "Job Applicant" means a person, independent contractor, or person working for an independent contractor who applies to become an employee of the school district in a position that does not require a commercial driver's license, and includes a person who has received a job offer made contingent on the person passing drug or alcohol testing.  Job applicants for positions requiring a commercial driver's license are governed by the provisions of the school district's drug and alcohol testing policy relating to school bus drivers (Section 2).
5. "Positive Test Result" means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minnesota Statutes section 181.953, subdivision 1.
6. "Random Selection Basis" means a mechanism for selection of employees that:
a.  results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected; and
b.  does not give the school district discretion to waive the selection of any employee selected under the mechanism.
7. "Reasonable Suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from those facts.
8. "Safety-Sensitive Position" means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person.
D. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol Testing and Consequences of Such Refusal
1. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol Testing
Any employee or job applicant whose position does not require a commercial driver's license has the right to refuse drug and alcohol testing subject to the provisions contained in paragraphs 2 and 3 of Section IV. D.
2. Consequences of an Employee's Refusal to Undergo Drug and Alcohol Testing
Any employee in a position that does not require a commercial driver's license who refuses to undergo drug and alcohol testing in the circumstances set out in the Random Testing, Reasonable Suspicion Testing, and Treatment Program Testing provisions of this policy may be subject to disciplinary action, up to and including immediate discharge.
3. Consequences of a Job Applicant's Refusal to Undergo Drug and Alcohol Testing
Any job applicant for a position which does not require a commercial driver's license who refuses to undergo drug and alcohol testing pursuant to the Job Applicant Testing provision of this policy shall not be employed.
E. Reliability and Fairness Safeguards
1. Pretest Notice
Before requesting an employee or job applicant whose position does not require a commercial driver’s license to undergo drug or alcohol testing or requesting cannabis testing, the school district shall provide the employee or job applicant with a Pretest Notice in the form of Attachment D to this policy on which to acknowledge that the employee or job applicant has received the school district’s drug and alcohol testing or cannabis testing policy.
2. Notice of Test Results
Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing an employee or job applicant who has undergone drug or alcohol testing or cannabis testing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test.
3. Notice of and Right to Test Result Report.  Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing an employee or job applicant who has undergone drug or alcohol testing of the employee or job applicant's right to request and receive from the school district a copy of the test result report on any drug or alcohol test or cannabis test.
4. Notice of and Right to Explain Positive Test Result
a. In the case of a positive test result on a confirming test, the school district shall also, at the time of providing notice of the test results, provide written notice to inform an employee or job applicant of the right to explain the results and to submit additional information (see Attachment G to this policy).

b. The school district may request that the employee or job applicant indicate any over-the counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.
c. The employee may present verification of enrollment in the medical cannabis patient registry or of enrollment in a Tribal medical cannabis program as part of the employee’s explanation.
d. Use of nonintoxicating cannabinoids or edible cannabinoid products is not a legitimate medical explanation for a confirmed positive test result for cannabis.  MROs will verify a drug test confirmed as positive, even if an employee claims to have only used nonintoxicating cannabinoids or edible cannabinoid product.
e. Within three (3) working days after notice of a positive test result on a confirmatory test, an employee or job applicant may submit information to the school district, in addition to any information already submitted, to explain that result.
5. Notice of and Right to Request Confirming Re-tests
a. If an employee or job applicant has a positive test result on a confirmatory test, the school district shall provide him or her with notice of the test results and, at the same time, written notice of the right to request a confirmatory retest of the original sample at his or her expense.
b. An employee or job applicant may request a confirming retest of the original sample at his or her own expense after notice of a positive test result on a confirming test.  Within five (5) working days after notice of the confirmatory test result, the employee or job applicant shall notify the school district in writing of his or her intention to obtain a confirming retest.  Within three (3) working days after receipt of the notice, the school district shall notify the original testing laboratory that the employee or job applicant has requested the laboratory to conduct the confirmatory retest or to transfer the sample to another laboratory licensed under Minn. Stat. §181.953, Subd. 1 to conduct the confirmatory retest.  The original testing laboratory shall ensure that appropriate chain-of-custody procedures are followed during transfer of the sample to the other laboratory.  The confirmatory retest must use the same drug, alcohol , or cannabis threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant.
6. If an employee or job applicant has a positive test result on a confirmatory test, the school district, at the time of providing notice of the test results, shall also provide written notice to inform him or her of other rights provided under sections F or G below, whichever is applicable.
Attachment F to this policy provides the Notices described in paragraphs 2 through 6 of this section E
F. Discharge and Discipline of Employees Whose Positions Do Not Require a Commercial Driver's License
1. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test.
2. In the case of a positive test result on a confirmatory test, the employee shall be subject to discipline which includes, but is not limited to, immediate suspension without pay and immediate discharge, pursuant to the provisions of this policy.
3. The school district may not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test or cannabis test requested by the school district, unless the following conditions have been met:
a. The school district has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug, alcohol, or cannabis counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency; and
b. The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program.
4. Notwithstanding Paragraph 1, the school district may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirming test and, if requested, the confirming retest, provided the school district believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public.  An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.
5. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of medical history information or the employee’s status as a patient enrolled in the medical cannabis registry program revealed to the school district, unless the employee was under an affirmative duty to provide the information before, upon, or after hire, or failing to do so would violate federal law or regulations or cause the school district to lose money or licensing-related benefit under federal law or regulations.
6. The school district may not discriminate against any employee in termination, discharge, or any term of condition of employment or otherwise penalize an employee based upon an employee registered patient’s positive drug test for cannabis components or metabolites, unless the employee used, possessed, or was impaired by medical cannabis on school district property during the hours of employment.
7. An employee must be given access to information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process or cannabis testing process and conclusions drawn from and actions taken based on the reports or other acquired information.
G. Withdrawal of Job Offer for an Applicant for a Position That Does Not Require a Commercial Driver's License
If a job applicant has received a job offer made contingent on the applicant passing drug and alcohol testing, the school district may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test.  In the case of a positive test result on a confirmatory test, the school district may withdraw the job offer.
H. Chain-of-Custody Procedures
The school district has established its own reliable chain-of-custody procedures to ensure proper record-keeping, handling, labeling, and identification of the samples to be tested.  The procedures require the following:

1. Possession of a sample must be traceable to the employees from whom the sample is collected, from t

Adoption and Revision History  Incorporated Policies
Policy 416 DRUG AND ALCOHOL
TESTING
This Policy Adopted:  August 26, 1997; 
Rescinded:  November 22, 2011
Replaces Policy:  GCQH (Chemical Dependency) adopted November 18, 1976.
Policy E-047 DRUG AND ALCOHOL
TESTING
This Policy Adopted:  November 22,
2011; Revised:  June 28, 2016
MSBA 416
Policy 416 DRUG AND ALCOHOL
TESTING
This Policy Revised:  May 21, 2019;
Revised:  September 24, 2019,
November 15, 2022, December 19, 2023
 

Administrative Rule, Regulation and Procedure: NA

Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. Ch. 43A (State Personnel Management)
Minn. Stat. §151.72 (Sale of Certain Cannabinoid Products)
Minn. Stat. §152.01 (Definitions)
Minn. Stat. §152.22 (Medical Cannabis; Definitions)
Minn. Stat. §152.23 (Medical Cannabis; Limitations)
Minn. Stat. §152.32 (Protections for Registry Program Participation)
Minn. Stat. §169A.31 (Alcohol-Related School Bus or Head Start Bus Driving)
Minn. Stat. §176.011, subd. 16 (Definitions; Personal Injury)
Minn. Stat. §§ 181.950-181.957 (Drug and Alcohol Testing in the Workplace)
Minn. Stat. § 221.031 (Motor Carrier Rules)
49 U.S.C. § 31306 (Omnibus Transportation Employee Testing Act of 1991)
49 U.S.C. § 31306a (National Clearinghouse for Controlled Substance and Alcohol Test Results of commercial Motor Vehicle Operators)
49 U.S.C. § 521(b) (Civil and Criminal Penalties for Violations)
49 C.F.R. Parts 40 and 382 (Department of Transportation Rules Implementing Omnibus Transportation Employee Testing Act of 1991)
Cross References: MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 417 (Chemical Use and Abuse)
MSBA/MASA Model Policy 418 (Drug-Free Workplace/Drug-Free School