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State legislators are considering a bill that would allow oral fluid as a pre-employment screening option to check for the presence of alcohol and drugs, including cannabis.

Oral Fluid Testing

Minnesota’s Senate is considering a Bill (SF3638) that would authorize an oral fluid option for employers who run drug tests on their applicants. It specifies that this would involve an analysis of the subject's saliva sample and the method of testing must:

• Be approved by the Commissioner of Labor and Industry;
• Have the ability to detect drugs, alcohol, cannabis, or their metabolites in levels at or above the threshold detection levels contained in the standards of one of the programs listed in section 181.953, subdivision 1 of the proposed bill and;
• Not require the services of a lab.

If passed, SF3638 would amend Minnesota Statutes 2022 to specify that drug or alcohol testing which does not utilize the services of a laboratory may only be done:

• Pursuant to a written policy which meets state standards.
• In a manner that complies with oral fluid test procedures.

The proposed law clarifies that employers cannot require employees or applicants to "undergo drug and alcohol testing on an arbitrary and capricious basis." A companion bill (HF3516) is being reviewed by Minnesota's House of Representatives.

Positive Results

SF3638 offers information about what employers may do if they receive a positive test or the results are inconclusive. It says that an applicant should then be asked to complete a drug test at a laboratory within 48 hours to remain eligible for consideration.

If a follow-up test is positive, then the employer might be eligible to consider an adverse action such as withdrawing their conditional offer. Such decisions will likely be based on company policies and laws that govern each industry.
Individuals who have negative tests, however, could then be eligible to begin employment.

The Reason For This Initiative

The bill was prompted by reports that lab results can often take a long time to be completed. As such, numerous employers were said to have lost out on otherwise qualified candidates who accepted offers from different companies.

A State Representative who sponsored SF3638 said: “Under the current statute, people have to go off to a different location to a lab to have this drug testing, and as a result of that delay they decide to go work somewhere else.”

Oral fluid tests are expected to detect the presence of alcohol, cannabis or other metabolites quickly. Therefore, they could help accelerate the hiring process, particularly if the outcome is negative.

Running Background Checks

If your business is considering job candidates, please contact us. Our highly experienced team can help you build screening packages that are perfectly tailored to your specific needs and comply with relevant laws and regulations. They can include various drug panel options, with or without a test for cannabis, to help round out your background checks.

Backgrounds Online is a 20+ year leader in the background screening industry. We are based in California and available to assist you Monday through Friday from 5am to 6pm PT.