Random Drug and Alcohol Testing in Minnesota Dealerships: Understanding the Rules

Minnesota law places strict limits on when employers may require drug and alcohol testing—and those restrictions apply to dealerships just as they do to any other business. Section 181.951 of the Minnesota Statutes sets the boundaries, and understanding them is essential to avoiding legal exposure.

The General Rule: Testing Is Allowed Only When Authorized by Law

Under subdivision 1 of the statute, the baseline rule is simple:

“An employer may not request or require an employee or job applicant to undergo drug and alcohol testing except as authorized in this section.”

In other words, an employer cannot decide to conduct testing just because it seems like a good idea. Every test—whether for a new hire, a random selection, or a suspicion of impairment—must fall within one of the specific circumstances allowed by law.

The statute also adds two other key conditions. First, any testing must be conducted under a written drug and alcohol testing policy that meets the detailed requirements of section 181.952. This means a dealership cannot send someone for testing without first having a compliant, written policy that explains when and how testing will occur, what rights employees have, and how results will be handled.

Second, the test itself must be conducted by a qualified laboratory or through oral-fluid testing procedures approved under section 181.953. These technical requirements are easy to overlook but critical for ensuring that any test result is legally defensible.

Finally, the law prohibits testing “on an arbitrary and capricious basis.” That phrase serves as a safeguard against employers testing employees without legitimate cause or consistency. In practice, this means dealerships must apply their policies fairly, uniformly, and only in the circumstances authorized by statute.

When Testing Is Permitted

Once those general requirements are met, section 181.951 allows testing only in specific situations: after a conditional job offer, as part of a routine physical (with notice), when there is reasonable suspicion of impairment, following an accident or injury, as part of a treatment program, or on a random basis—but only for employees in safety-sensitive positions.

For dealerships, that last category is often the most relevant—and the most misunderstood. A “safety-sensitive position” is defined as a job “in which impairment caused by drug or alcohol usage would threaten the health or safety of any person.” Technicians, mechanics, lot porters, and CDL drivers typically meet this definition because their duties involve operating or repairing vehicles. Salespeople, office staff, and service advisors generally do not, unless their daily work includes moving vehicles or entering active service bays.