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Vermont - 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 Vermont

Instant or POCT Testing

Not Permitted

Neither Quest Diagnostics nor LabCorp perform instant testing at their drug testing centers in Vermont. Instant testing not permitted for employee drug testing.

Drug Panels

Limited Restriction

Drug listed are Amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene. Other drugs may be added through regulation.



Lab must be approved by the Vermont Department of Health Public Health Laboratory. See List.

Medical Review Officer


Required for both positive and negative results

Random Testing


DOT or other Federal law only



With probable cause of drug or alcohol use.

Reasonable Suspicion


With probable cause of drug or alcohol use.

Oral Fluids


Law defines specimens as urine, blood, breath and hair.

Hair Testing

Not restricted

Unemployment Denial


Terminate for misconduct and address misconduct in the drug free workplace policy.

Workers Comp Discount


Intoxication Defense


In 2010 the Vermont Supreme Court concluded that under §649 the employer must establish the employee’s intoxication was the “proximate cause” of his or her injuries.

Medical Marijuana


The Vermont medical marijuana law states that the medical marijuana provisions do not require employers to accommodate medical marijuana use in the workplace.

Recreational Marijuana


Vermont’s state legislature passed a bill on January 22, 2018 that legalizes possession of marijuana for recreational use. Workplace drug testing is not affected by the Vermont recreational marijuana law.

Report Driver DOT Positives


General Statute

Workplace drug testing statute chapter 5, subchapter 1, (21 VSA §511) related to private workplace drug testing in Vermont.