Loading

Montana - STATE LAWS

Workplace drug testing issues – State Laws – Montana

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

Check out: An Employer's Guide to Drug Testing in Montana.  There are requirements including a comprehensive written policy for employer drug testing in Montana. These specific requirements apply to employees and applicants who will work in a hazardous work environment, a security position, a position that affects public safety or health, a position involving a fiduciary obligation to the employer, or a position that requires driving.

Denial of workers comp claim – Montana Code 39-71-407

Denial of unemployment claim - Montana Code Ann. 39-51-2303

Random Testing - Mont. Code Ann. 39-2-208

Workplace Drug Testing Laws in Montana

Instant or POCT Testing

Prohibited

Law requires mirroring of DOT testing

Drug Panels

Restricted

SAMHSA 5 panel only

Laboratory

Restricted

SAMHSA certified lab only

Medical Review Officer

Required

Required for both positive and negative results

Random Testing

Restricted

Follow Mont. Code Ann. 39-2-208

Post-Accident

Restricted

Injury caused death or personal injury or property damage in excess of $1,500.

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

Restricted

Not mentioned in Montana Law

Unemployment Denial

Yes

Address in company policy, terminate for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

An employee is not eligible for benefits if the employee’s use of alcohol or drugs not prescribed by a physician is the major contributing cause of the accident. However, if the employer had knowledge of, and failed to attempt to stop the employee’s use of alcohol or drugs, this subsection does not apply.

Medical Marijuana

Yes

Employers are not required to accommodate an employee’s use of medical marijuana. Further, employers may prohibit employees’ use of medical marijuana in employment contracts.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

The Montana Workforce Drug and Alcohol Testing Act (§§ 39-2-205 through 39-2-211, MCA) - Employers planning to establish a drug and alcohol testing program but who are not regulated, in whole or in part, by a DOT agency must comply with Montana law.

Intoxication Defense – Denial of Workers Compensation Claim - 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 refusal or 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 development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Montana