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South Dakota - 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 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.