Loading

Rhode Island - STATE LAWS

Workplace drug testing issues – State Laws – Rhode Island

Rhode Island State law is very restrictive on drug testing.  A comprehensive policy is required.

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 Rhode Island

Instant or POCT Testing

Permitted

Confirmation testing, a "federally certified laboratory" is required.

Drug Panels

No restrictions

Laboratory

Restricted

For confirmation testing, a "federally certified laboratory" is required.

Medical Review Officer

Not required

Highly recommended

Random Testing

Restricted

Safety-Sensitive Employees Only and Only in Certain Industries.

Post-Accident

Restricted

Only when there is reasonable suspicion of employee substance abuse or alcohol use.

Reasonable Suspicion

Permitted

Reasonable grounds to believe an employee may be impaired "based on specific aspects of the employee's job performance and specific contemporaneous documented observations."

Oral Fluids

Permitted

Hair Testing

Permitted

Unemployment Denial

Yes

Discharge for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

No compensation for injuries occasioned by willful intent or intoxication.

Medical Marijuana

Yes

Senate Bill 0710 (52-10 H; 33-1 S). Nothing in statute requires employer to accommodate use of marijuana in the workplace.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

CHAPTER 28-6.5
Urine and Blood Tests as a Condition of Employment

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.

Medical Marijuana - Rhode Island Gen. Laws 21-28.6-7

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