Alaska, Minnesota Update Drug Testing Laws to Allow for Oral Fluid Testing

Alaska and Minnesota both took action in their respective legislative sessions to amend state drug testing laws to allow for oral fluid testing.

Alaska

Alaska passed SB 196 adding oral fluids to the list of items employers may require the collection and testing of (in addition to urine and breath) for any job-related purpose consistent with business necessity and the terms of the employer’s policy. The law takes effect October 28, 2024.

Minnesota

Minnesota took similar action in its busy legislative session, amending the state’s comprehensive Drug and Alcohol Testing in the Workplace Act to allow employers to request employees or job applicants undergo oral fluid testing. The law requires employees to be notified of the test result at the time of the test. Within 48 hours of an oral fluid test that indicates a positive result, or an inconclusive or invalid result, the employee or job applicant may request further testing at no cost. Any further retesting is done at the expense of the employee. The law went into effect August 1, 2024.

Actions to Take

Employers should review the applicable law(s) and determine if any updates are needed to their drug testing procedures and written policies.