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Minnesota and Maryland State Law Workplace Alcohol Testing Update

This is to remind employers that workplace breath alcohol testing and saliva alcohol testing are not permitted in the state of Minnesota. This state law prohibition has been in place for a number of years, although the Chamber of Commerce in Minnesota has been attempting to change the law. Recently, there has also been some Drug and Alcohol Industry attention given to the issue of whether or not Maryland law permits breath alcohol testing for workplace testing. The Maryland statutory definition of specimen includes human blood, urine, hair, or saliva, but does not include breath testing for alcohol. Moreover, although conflicting guidance was provided in 2000 and 2001 by the Maryland Attorney General’s Office on the permissibility of breath alcohol testing, it may be advisable to refrain from conducting breath alcohol testing in Maryland for legal risk mitigation reasons.

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