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Signed drug testing form good enough to satisfy DATWA

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in Hiring,Human Resources

Minnesota employers have to comply with the Drug and Alcohol Testing in the Workplace Act (DATWA). The law says, “Before requesting an employee to undergo drug or alcohol testing, an employer shall provide the employee with a form, developed by the employer, on which to acknowledge that the employee has seen the employer’s drug and alcohol testing policy.”

Does that mean the employee has to sign the form immediately before the test is administered?

Recent case:
Kimberly McCoy was fired from her job for refusing to take a drug and alcohol test after her supervisors concluded she was acting erratically. McCoy sued, alleging she wasn’t asked to sign an acknowledgment before refusing the test.

The court said she had already signed the form earlier in the year and that was good enough. (McCoy v. Quest, No. 08-1172, DC MN, 2009)

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