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Connecticut - STATE LAWS

Workplace drug testing issues – State Laws – Connecticut

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Connecticut

Instant or POCT Testing

Restrictions

Non-negative tests must be confirmed at a laboratory.

Drug Panels

No Restrictions

Recommend following SAMHSA guidelines

Laboratory

Restrictions

Recommend using SAMHSA certified laboratories.

Medical Review Officer (MRO)

Not required

Use of MRO highly recommended to avoid liability in your drug testing program.

Random Testing

Restrictions

Random testing only allowed for State designated safety-sensitive occupations or employee voluntarily enrolled in EAP.

Post-Accident

Restrictions

Only with reasonable suspicion of drug or alcohol use. Recommend a trained supervisor making determinations.

Reasonable Suspicion

No Restrictions

Document carefully

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Comments

Unemployment Denial

Yes, address in company policy

Employer not charged for benefits when employee violated employer’s drug-testing policy (established in accordance with state or federal law).

Workers Comp Discount

No

Intoxication Defense

Yes, available

Sec. 31-275 … (C) In the case of an accidental injury, a disability or a death due to the use of alcohol or narcotic drugs shall not be construed to be a compensable injury;

Medical Marijuana

Yes

PALLIATIVE USE OF MARIJUANA, HB 5389. Employer can act if the individual used or was under the influence of marijuana at work.

Recreational Marijuana

No

Report Driver DOT Positives

No

Comments

General Statute

Many restrictions on employee drug testing. See Connecticut Department of Labor SECTIONS 31-51t THROUGH 31-51aa

Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Connecticut

Sec. 31-275

PALLIATIVE USE OF MARIJUANA, HB 5389.

SECTIONS 31-51t THROUGH 31-51aa