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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.

Laboratory

Restricted

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

Medical Review Officer

Required

Required for both positive and negative results

Random Testing

Restricted

DOT or other Federal law only

Post-Accident

Limited

With probable cause of drug or alcohol use.

Reasonable Suspicion

Permitted

With probable cause of drug or alcohol use.

Oral Fluids

Restricted

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

Hair Testing

Not restricted

Unemployment Denial

Yes

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

Workers Comp Discount

No

Intoxication Defense

Yes

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

Yes

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

Yes

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

No

General Statute

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