State drug testing laws must be followed - Chapter 28-6.5 - Urine and Blood Tests as a Condition of Employment.
Employers in the highway maintenance industry, which shall include the construction, upkeep, maintenance and repair of the state's highways, roads and bridges including the repaving or resurfacing of the same shall be allow to test in conformity with procedures outlined in DOT regulations 49 CFR Part 40.
Written policy is required. Termination only possible after rehabilitation has been offered for a first-time positive and the employee fails subsequent, follow-up testing. Post accident drug testing for non regulated employers may be prohibited in Rhode Island.
Medical Marijuana - Rhode Island Gen. Laws 21-28.6-7
Rhode Island has explicit employee protection with respect to medical marijuana:
- Cardholder not subject to arrest, prosecution, criminal or other penalties and property forfeiture. No school, employer or landlord may refuse to enroll, employ or lease, or otherwise penalize solely for his/her status as a registered, qualified patient or registered primary caregiver.
- Prohibits employment discrimination based on person’s status as registered medical marijuana user.
- Does not require any employer to accommodate medical use of marijuana in the workplace.
Intoxication Defense – Denial of Workers Compensation Claim - No compensation shall be allowed for the injury or death of an employee occasioned by his or her willful intention to bring about the injury or death of himself or herself or another, where it is proved that his or her injury or death was occasioned by that conduct, or that the injury or death resulted from his or her intoxication or unlawful use of controlled substances as defined in Rhode Island chapter 28 of title 21.
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.
Rhode Island State Law