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.
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These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Restrictions | Non-negative tests must be confirmed at a laboratory. |
| Drug Panels | No Restrictions | Recommend following SAMHSA guidelines |
| Laboratory | Restrictions | Recommend using SAMHSA certified laboratories. |
| Medical Review Officer (MRO) | Not Required | Use of MRO highly recommended to avoid liability in your drug testing program. |
| Random Testing | Restrictions | Random testing only allowed for State designated safety-sensitive occupations or employee voluntarily enrolled in EAP. |
| Post-Accident | Restrictions | Only with reasonable suspicion of drug or alcohol use. Recommend a trained supervisor making determinations. |
| Reasonable Suspicion | No Restrictions | Document carefully |
| Oral Fluids | No Restrictions | |
| Hair Testing | No Restrictions | Comments |
| Unemployment Denial | Yes, address in company policy | Employer not charged for benefits when employee violated employer's drug-testing policy (established in accordance with state or federal law). |
| Workers Comp Discount | No | |
| Intoxication Defense | Yes, available | Sec. 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 | Yes | PALLIATIVE USE OF MARIJUANA, HB 5389. Employer can act if the individual used or was under the influence of marijuana at work. |
| Recreational Marijuana | No | |
| Report Driver DOT Positives | No | Comments |
| 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:
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