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Montana - 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 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.