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.

What are Continuous Background Checks?

Continuous background checks are a departure from traditional screening practices and are a paradigm shift in how companies vet their employees. Unlike the conventional one-and-done approach, continuous background checks involve regular, ongoing assessments of an individual’s criminal history and qualifications. Continuous background checks can be used at varying frequencies, ranging from daily to weekly or…
Read More

The Top Five Reasons to Run a Background Check

Running a background check is more than just a precaution; it’s a crucial step toward ensuring transparency, accountability, and peace of mind. Let’s explore why running various types of background checks is essential in various aspects of life.  Hiring the Right Candidates In the hiring process, running a background check is a cornerstone of pre-employment…
Read More

Timing is Everything: When to Run a Background Check

Mind Your Business is a leading provider of pre-employment background screening, equal employment opportunity support services, drug screening services, and other support services for both the private and federal sectors. MYB is a certified woman-owned small business. Running a background check has become a crucial step in various aspects of life. Whether you’re hiring potential…
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.