416-Drug and Alcohol Testing-Part 2

J. Privacy, Confidentiality and Privilege Safeguards

1. Privacy Limitations

A laboratory may only disclose to the school district test result data regarding the presence or absence of drugs, alcohol or their metabolites in a sample tested.

2. Confidentiality Limitations

With respect to employees and job applicants, test result reports and other information acquired in the drug or alcohol testing process are, private data on individuals as that phrase is defined in Minnesota Statutes Chapter 13, and may not be disclosed by the school district or laboratory to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee or job applicant tested.

3. Exceptions to Privacy and Confidentiality Disclosure Limitations.

Notwithstanding paragraphs 1 and 2, evidence of a positive test result on a confirming test may be:  (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Minnesota Statutes Chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation or order, or in accordance with compliance requirements of a federal government contract; and (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.

4. Privilege.

Positive test results from the school district drug or alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant tested.

K. Notice of Testing Policy to Affected Employees.

The school district shall provide written notice of this drug and alcohol testing policy to all affected employees upon adoption of the policy, to a previously non-affected employee upon transfer to an affected position under the policy, and to a job applicant upon hire and before any testing of the applicant if the job offer is made contingent on the applicant passing drug and alcohol testing.  Affected employees and applicants will acknowledge receipt of this written notice in the form of Attachment G to this policy.

4)  Posting

The school district shall post notice in an appropriate and conspicuous location on its premises that it has adopted a drug, alcohol, and cannabis testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in its human resources office or other suitable locations.

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; August 22, 2023, December 19, 2023; May 21, 2024
416 DRUG, ALCOHOL, AND CANNABIS TEST This policy Revised: August 20, 2024

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 (Definitions; Medical Cannabis)

Minn. Stat. §152.23 (Limitations; Medical Cannabis)

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)

49 C.F.R. Part 382 (Controlled Substances and Alcohol Use and Testing)

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