Skip to Content
Loading

Missouri - 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 Missouri

Instant or POCT Testing

Restricted

Use lab testing for post-accident in order to use the intoxication defense. Confirm all non-negative results at the lab.

Drug Panels

No restrictions

Laboratory

No restrictions

SAMHSA certified highly recommended to avoid exposure to liability.

Medical Review Officer

Not required

Highly recommended to use an MRO for all workplace drug tests.

Random Testing

No restrictions

Post-Accident

No restrictions

Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

Hair Testing

No restrictions

Unemployment Denial

Yes

Workers Comp Discount

No

Intoxication Defense

Yes

The law provides for a rebuttable presumption of intoxication and that the injury was proximately caused by that intoxication if certain conditions are met.

Medical Marijuana

Yes

November 6, 2018 - With approximately 61% of voters supporting Amendment 2, Missourians with one of 9 qualifying conditions (those without a qualifying condition can gain approval from a doctor for a medical marijuana card) will have access to purchase and/or grow medical marijuana. Employers are likely to retain the majority of their rights around marijuana pertaining to drug testing and disciplinary action, and Amendment 2 included language that protects employers from adverse action by medical marijuana-using employees.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

While Missouri does not have a drug testing statute, employers must meet certain drug testing requirements in order to challenge workers' and unemployment comp claims.