MN SF3638

Authorizes oral fluid testing (saliva sample analysis) as an approved alternative to traditional laboratory drug, alcohol, and cannabis testing for job applicants, subject to commissioner of labor and industry approval.

Oral fluid tests must detect drugs, alcohol, cannabis, or their metabolites at threshold detection levels matching standards of approved programs and do not require services of a certified testing laboratory.

If an oral fluid test shows a positive, inconclusive, or invalid result, the job applicant must undergo confirmatory laboratory testing within 48 hours to remain eligible for the job.

Employers may elect to use oral fluid testing procedures as an alternative to traditional laboratory testing for preemployment screening, but must still follow written drug and alcohol testing policy requirements.

Exempts oral fluid testing from chain-of-custody procedures and laboratory sample retention requirements that apply to traditional laboratory testing.