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Connecticut State 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.

Workplace Drug Testing Laws in Connecticut

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 employeru2019s 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:  

  • 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