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South Dakota - STATE LAWS

Workplace drug testing issues – State Laws – South Dakota

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 South Dakota

Instant or POCT Testing

No restrictions

Drug Panels

No restrictions

Laboratory

No restrictions

SAMHSA certified labs always recommended.

Medical Review Officer

No restrictions

MRO review of drug tests always recommended.

Random Testing

No restrictions

Post-Accident

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

Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.

Workers Comp Discount

No

Intoxication Defense

Yes

Injury or death due to willful misconduct of employee not compensable.

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

South Dakota laws do not address workplace drug testing.

Some companiesmay have employees regulated by the federal Department of Transportation, such as commercial drivers (CDL). Companies typically have separate policies for their DOT-regulated programs. These policies and procedures should always be based upon the DOT rules

Intoxication Defense – Denial of Workers Compensation Claim – In South Dakota a Workers’ Compensation intoxication defense to a claim exists but there is not a rebuttable presumption of intoxication.

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 South Dakota