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Massachusetts - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Massachusetts

Instant or POCT Testing

No restrictions

Drug Panels

No restrictions

Laboratory

No restrictions

Random Testing

Restricted

Limit to safety sensitive or security sensitive position.

Post-Accident

Restrictions

Massachusetts employers should only conduct post accident drug testing only when they believe the individual caused or contributed to the accident.

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

Hair Testing

No restrictions

Unemployment Denial

Yes

Chapter 151A Section 25 - Disqualification of benefits when the employee discharged for deliberate misconduct consisting of: (i) stealing from such employee's place of employment; (ii) illegal drug use while at work; or (iii) drunkenness while at work shall be determined to be ineligible for benefits without regard to whether or not the employer had a written policy against such conduct.

Workers Comp Discount

No

Intoxication Defense

Maybe

No current statute or case law addressing Workers' Compensation/Denial after a positive drug or alcohol test after an accident.

Medical Marijuana

Yes

Nothing in the law requires any accommodation of any on-site medical use of marijuana in any place of employment.

Recreational Marijuana

Yes

Passed November 2016, the law does not affect employer’s rights to enact and enforce workplace policies restricting the consumption of marijuana by employees.

Report Driver DOT Positives

No

General Statute

Massachusetts legislation does not address drug testing in private employment. Case law limits random testing - the validity of an employer’s policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee’s job responsibilities and the employer’s interests.