PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Workers Compensation Voluntary Premium Reduction State
No
2) Employers Covered by Federal Drug Free Workplace Act
No
3) State Constitution Privacy Provision
Yes
4) Penalties and Remedies for Employer Non-Compliance
Yes
5) Significant Testing Restrictions
Yes
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
Yes
8) Worker’s Compensation Disqualification Laws
Yes
9) Unemployment Compensation Disqualification Laws
No
10) Alcohol Cut-off Levels
.04
11) Substances Allowed for Testing
Marijuana (THC metabolite); Cocaine; Amphetamines; Opiates (including heroin); Phencyclidine (PCP).
· Substances Cut-off Levels
DOT Standards
12) Drug Specimen Types
Urine or Saliva
13) Types of Drug Testing and Restrictions
· Pre Employment
Allowed
· Reasonable Cause
Allowed
· Random
Allowed
· Post Accident
Allowed
· Follow-up Testing
Allowed
14) Restrictions on Types of Workplace Drug Tests
Yes
15) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split
Yes
16) Drug Testing Falsification Law
No
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
Yes
19) Laboratory Based Testing
· Laboratory Certifications
HHS/SAMHSA
· Oral Fluids
Prohibited
· Hair Testing
Not Specified
20) Notification of Test Results
Employer must provide a copy of the test result. Employee must have the opportunity to have a confirmed positive re-tested by an independent laboratory
21) Rehabilitation Requirements
Not Specified
22) Retest Required
Yes
23) Wage Payment Requirements
Employer
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
Yes
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in
Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. cthuss@gmail.com or 205-283-1040
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Montana Contributors:
