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New Hampshire - STATE LAWS

Workplace drug testing issues – State Laws – New Hampshire

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

Workplace Drug Testing Laws in New Hampshire

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

SAMHSA certified lab recommended

Medical Review Officer

Not Required

Use of a medical review officer strongly recommended

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

Address drug free workplace policy, a violation is grounds for termination and misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

See note

Medical Marijuana

Yes

House Bill 573 (284-66 H; 18-6 S).
There are no limits on employers; law specifically says no need to accommodate use at work.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

No law in New Hampshire law addressing drug testing in private employment.

There are no known court decisions interpreting the “New Hampshire Compassionate Use Medical Marijuana Act.”  The law does not limit employers in disciplining an employee for ingesting cannabis at the workplace or for working while under the influence of cannabis.

Note: Intoxication Defense – Denial of Workers Compensation Claim  - The employer shall not be liable for any injury to a worker which is caused in whole or in part by the intoxication, as defined in RSA 281-A:2, XII-a, or by the serious and willful misconduct of the worker. The provision as to intoxication shall not apply, however, if the employer knew that the employee was intoxicated.

 

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 New Hampshire