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New Mexico - 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 New Mexico

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

Recommend using SAMHSA certified laboratories.

Medical Review Officer (MRO)

Not Required

Use of MRO highly recommended to avoid liability in your drug testing program.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Document carefully

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

State violation of drug free workplace policy is misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes, available

Reduction in compensation when alcohol or drugs contribute to injury or death

Medical Marijuana

Yes

Employer has no duty to accommodate and no violation of New Mexico law or public policy for termination based on failed test.

Recreational Marijuana

No

Report Driver DOT Positives

Yes

Requires employers to report DOT drug and alcohol positive and refusal to tests on CDL holders to the NM DMV. The DMV will enter the information on the CDL holder’s motor vehicle record. Pre-employment refusals to test are not reported. The positive/refusal to test information will remain on the driver’s record for 5 years.

General Statute

New Mexico does not have a drug testing statute; however, in workers’ compensation denial cases employers must demonstrate compliance with the DOT drug and alcohol testing regulations.