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Missouri - STATE LAWS

Workplace drug testing issues – State Laws – Missouri

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

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

No

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.

Employers should maintain comprehensive drug free workplace programs and policies in order to take advantage of Unemployment Compensation Denial and Workers’ Compensation Reduction & Denial 

Intoxication Defense – Denial of Workers Compensation Claim - The Company may raise a defense to any workers’ compensation claim filed where there is a positive alcohol or controlled substance test result. This could result in a 50% reduction of benefits otherwise payable or a complete forfeiture of those benefits.

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 development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Missouri