Connecticut State Drug Testing Laws

Workplace Drug Testing Issues – Connecticut State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Drug Testing IssueStatusComments
Instant or POCT Testing RestrictionsNon-negative tests must be confirmed at a laboratory.
Drug PanelsNo RestrictionsRecommend following SAMHSA guidelines
LaboratoryRestrictionsRecommend using SAMHSA certified laboratories.
Medical Review Officer (MRO) Not RequiredUse of MRO highly recommended to avoid liability in your drug testing program.
Random TestingRestrictionsRandom testing only allowed for State designated safety-sensitive occupations or employee voluntarily enrolled in EAP.
Post-Accident RestrictionsOnly with reasonable suspicion of drug or alcohol use. Recommend a trained supervisor making determinations.
Reasonable SuspicionNo RestrictionsDocument carefully
Oral FluidsNo Restrictions
Hair TestingNo RestrictionsComments
Unemployment DenialYes, address in company policyEmployer not charged for benefits when employee violated employer's drug-testing policy (established in accordance with state or federal law).
Workers Comp DiscountNo
Intoxication DefenseYes, availableSec. 31-275 u2026 (C) In the case of an accidental injury, a disability or a death due to the use of alcohol or narcotic drugs shall not be construed to be a compensable injury;
Medical Marijuana YesPALLIATIVE USE OF MARIJUANA, HB 5389. Employer can act if the individual used or was under the influence of marijuana at work.
Recreational MarijuanaNo
Report Driver DOT Positives NoComments
General Statute--Many restrictions on employee drug testing. See Connecticut Department of Labor SECTIONS 31-51t THROUGH 31-51aarnrn

Medical Marijuana in connecticut – This is a State with specific employee protection – Conn. Gen. Stat. §21a-408 et seq.; Dept. of Consumer Protection Reg. §21a-408-1 et seq. Connecticut employment protections included:

  • Prohibits refusing to hire, discharging, penalizing, or threatening employee solely on basis of person’s medical marijuana status as qualifying patient or primary caregiver
  • Allow discipline based on marijuana use or impairment on the clock

Intoxication Defense – States vary in their willingness to allow employers to use an injured worker’s intoxication as a defense against a claim for compensation.  State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

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 design of your actual substance abuse testing program and with any questions that follow.

State Law Connecticut

Sec. 31-275

PALLIATIVE USE OF MARIJUANA, HB 5389.

SECTIONS 31-51t THROUGH 31-51aa

Drug Testing in Connecticut

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Connecticut

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.