Minnesota Department of Transportation

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MnDOT Policies

Drug and Alcohol Use Prohibited

MnDOT Policy #WF025
Revised: August 30, 2023

View/print signed policy (PDF)

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Administrative Officer
Policy Owner: Director, Office of Human Resources
Policy Contact: Labor Relations Manager

Policy statement

The Minnesota Department of Transportation (MnDOT) fully adopts the enterprise policy, Prohibition of Drug and Alcohol Use by State Employees, HR/LR #1418, and the State of Minnesota Drug and Alcohol Testing Plan, HR/LR #1418A, issued by Minnesota Management and Budget and incorporated herein by reference. Minnesota Management and Budget is responsible for assisting with enforcement of the policy and updating the enterprise policy and State Drug and Alcohol Testing Plan as necessary.

Prohibitions

The enterprise policy prohibits:

  1. the manufacture, distribution, dispensation, possession, use, sale, transfer, trade, and/or offer for sale of drugs or alcohol in the workplace or while performing work for the state.
  2. consuming or being impaired by or under the influence of drugs or alcohol in the workplace or while performing work for the state.
  3. operating, using, or driving any equipment, machinery, and/or vehicles while consuming or impaired by or under the influence of drugs or alcohol while performing work for the state. This prohibition includes any vehicles or equipment that are owned by, leased, or rented on behalf of the state, as well as personal vehicles or equipment.
  4. the illegal or unauthorized use, possession, sale, trade, and/or offer for sale of prescription medication in the workplace or while performing work for the state.
  5. using, possessing, or being impaired by medical cannabis on the premises of the place of employment or during the hours of employment.
  6. reporting to work or performing work for the state while consuming drugs or alcohol when the employee’s ability to perform job duties is negatively affected due to on- or off-duty use of alcohol or drugs. Employees on rest breaks or working overtime, or performing work for the state while not on state premises, are considered on-duty for the purposes of this policy.
  7. consuming any drugs that are unlawful under both state and federal law during meals when returning immediately thereafter to perform work for the state.

Prescription and over-the-counter medications are not prohibited when taken in standard dosage and/or according to a physician’s prescription.

State of Minnesota Drug and Alcohol Testing Plan

The State of Minnesota Drug and Alcohol Testing Plan covers employees who operate a commercial motor vehicle and are required to have a commercial driver’s license (CDL) to perform the assigned duties of their position. The plan also covers those who will be operating a commercial motor vehicle and are required to have a CDL to perform safety sensitive functions in addition to or in place of the duties of their regular position.

Additional MnDOT Requirements

In addition to adopting the enterprise Prohibition of Drug and Alcohol Use by State Employees Policy and State of Minnesota Drug and Alcohol Testing Plan, this policy addresses the consumption or use of drugs or alcohol before driving or operating aircraft, automobiles, boats, tractors, trucks, vans, or any other vehicle; operating electric, diesel, gas, or alternative fuel powered motorized equipment (including ammonia, hydrogen, alcohol, etc.); or using any mechanical or motorized equipment which has the potential to cause injury or death to self, co-workers, or the public.

  1. Employees who drive or operate any vehicle or motorized equipment for state business are not permitted to consume or use any amount of drugs or alcohol within four hours of beginning work, or during the rest or meal breaks, when there is a likelihood of being assigned to drive or operate equipment that day.
  2. Employees who act as a crewmember or operate aircraft for state business are not permitted to consume or use any amount of drugs or alcohol within eight hours of beginning work, or during the rest or meal breaks, when there is a likelihood of being assigned to fly or act as a crewmember that day (14 CFR §91.17(a)(1) and (3) and 14 CFR §107.27).
  3. Employees who drive a personal vehicle for state business purposes are not permitted to consume or use any amount of drugs or alcohol within four hours of beginning work, or during rest or meal breaks, when there is a likelihood of driving on state business that day.
  4. Employees who drive or operate a vehicle or motorized equipment for state business may use a prescription or non-prescription legal medication provided that:
    • it is used in accordance with the specific dosages noted on the container;
    • it does not adversely affect the employee’s ability to safely perform all job duties. It is the employee’s responsibility to consult with the prescribing doctor and/or pharmacist to determine whether the medication may interfere with the safe performance of the employee’s job and take action to avoid unsafe workplace practices; and
    • for CDL drivers, use complies with federal requirements.

Employee Assistance Program

Employees with problems relating to drugs or alcohol are encouraged to seek counseling or other assistance.
The Employee Assistance Program (EAP) is available to help employees address problems such as drug or alcohol abuse. Employees are encouraged to seek professional assistance from the EAP before the use of drugs or alcohol affects their employment. Participation in this program is voluntary and confidential.

Consequences

Employees who violate this policy may be subject to discipline, up to and including discharge.

Reason for policy

MnDOT must comply with all applicable federal regulations to prevent the misuse of alcohol and drugs in the workplace by employees who operate a commercial motor vehicle and are required to have a commercial driver’s license (CDL).

The enterprise policy requires agencies to:

  • Provide all employees with a copy of the enterprise policy.
  • Enforce policy measures in a nondiscriminatory fashion.
  • Create an agency-specific policy, if necessary, in consultation with MMB.

The State of Minnesota Drug and Alcohol Testing Plan requires agencies to:

  • Develop Internal Alcohol and Other Drug Use Testing Plans in accordance with the enterprise policy and procedures.
  • Designate a Designated Employer Representative (DER) who is responsible for the administration of the testing plan for their agency.

Because of MnDOT’s unique involvement in all modes of transportation, and out of concern for the safety of employees and the public, this policy is intended as an affirmative step to prevent crashes, injuries, and property damage resulting from the use or consumption of drugs or alcohol.

Applicability

All MnDOT employees must comply with this policy.

Key stakeholders with responsibilities under this policy include: 

  • Office of Human Resources
  • Managers/Supervisors
  • All employees

Definitions

Alcohol

Any alcoholic beverage or intoxicating liquor. See M.S. §340A.101, subds. 2 and 14.

Cannabinoid

Any of the chemical constituent of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol.

Reference to “cannabinoid” in this policy includes cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products.

Conviction

A finding of guilt (including a plea of nolo contendere/no contest), an imposition of sentence, or both, by a judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes. See 41 U.S.C. 8101.

Crewmember

A person assigned to perform duty in an aircraft during flight time.

Criminal Drug Statute

A criminal statute involving manufacture, distribution, dispensation, use, or possession of a controlled substance.
See 41 U.S.C. 8101.

Drug/Controlled Substance

A substance in Schedules I through V of section 202 of the Drug Abuse Prevention and Control Act (21 U.S.C. 812; 21 CFR 1308) or M.S. §152.02. This includes all cannabinoids, including those that are authorized under M.S. Ch. 342.

Employee Assistance Program

Training, assessment, counseling, and referral services for state employees and dependents provided pursuant to M.S. 43A.319.

Medical Cannabis

Any species of the cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of:

  1. liquid, including but not limited to oil;
  2. pill;
  3. vaporized delivery method with use of liquid or oil;
  4. combustion with use of dried raw cannabis; or
  5. any other method, approved by the commissioner of the Minnesota Department of Health.

See M.S. §152.22.

Note: Medical cannabis may be prescribed to a patient with a qualifying medical condition enrolled in the medical cannabis registry program.

Under the Influence

Affected by drugs or alcohol, as indicated by specific, contemporaneous, articulable facts concerning the appearance, behavior, speech, or body odors of the individual.

Workplace

Any state-owned or leased property, premises, or any site where state employees perform work for the state.

Responsibilities

Office of Human Resources

  • Provide all employees with a copy of the enterprise policy.
  • Enforce policy measures in a nondiscriminatory fashion.
  • Designate an Employer Representative (DER) who is responsible for the administration of the testing plan for their agency.
  • In consultation with the Office of Chief Counsel, notify the appropriate law enforcement agency when an employee possesses drugs in the workplace in violation of state law.
  • In consultation with the Office of Chief Counsel, notify federal granting agencies within ten (10) days of receiving notice of an employee’s conviction of a criminal drug or alcohol violation for conduct that occurred in the workplace. See 41 U.S.C. 8103(a)(1)(E)

Managers/Supervisors

  • Be familiar with this policy and model appropriate behavior.
  • Report all behaviors or incidents that may violate this policy to the Human Resources Office.
  • Document and take timely and appropriate action when a complaint is made alleging violations of this policy and collaborate with Human Resources in the process.

Employees

  • Be familiar with this policy.
  • Ensure productive and safe work performance.
  • Address any alcohol or drug use which interferes with acceptable workplace behavior and performance.
  • For employees taking prescribed or over-the-counter medications, consult with the prescribing doctor and/or pharmacist to determine whether the medication may interfere with the safe performance of the employee’s job. If the medication could compromise the safety of the employee, fellow employees, or the public, use appropriate personnel procedures (for example, call in sick, use leave, request change of duty) to avoid unsafe workplace practices.
  • If convicted of a criminal drug or alcohol violation for conduct that occurred in the workplace, notify the Office of Human Resources in writing within five (5) calendar days of the conviction. If required by federal law, employees may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program.
  • Report all behaviors or incidents that may violate this policy to a manager, supervisor, or Human Resources Office.

Policy Owner (Director, Office of Human Resources)

  • Review the policy every two years, or whenever MMB changes the enterprise policy, to ensure the policy remains up to date.
  • Ensure documents and training associated with the policy remain current.
  • Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
  • Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
  • Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
  • Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
  • Communicate policy revisions, reviews, and retirements to stakeholders.

Resources

History and updates

Adopted

May 12, 1989

Revised

  • First Revision: April 6, 2022 (also renumbered as #WF025 from #89.1)
  • Second Revision: August 30, 2023

Policy Review

This policy's next scheduled review is due August 2025.