Workplace Drug Testing Issues – Missouri State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Missouri
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restricted||Use lab testing for post-accident in order to use the intoxication defense. Confirm all non-negative results at the lab.|
|Drug Panels||No restrictions|
|Laboratory||No restrictions||SAMHSA certified highly recommended to avoid exposure to liability.|
|Medical Review Officer||Not required||Highly recommended to use an MRO for all workplace drug tests.|
|Random Testing||No restrictions|
|Post-Accident||No restrictions||Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.|
|Reasonable Suspicion||No restrictions|
|Oral Fluids||No restrictions|
|Hair Testing||No restrictions|
|Workers Comp Discount||No|
|Intoxication Defense||Yes||The law provides for a rebuttable presumption of intoxication and that the injury was proximately caused by that intoxication if certain conditions are met.|
|Medical Marijuana||Yes||November 6, 2018 - With approximately 61% of voters supporting Amendment 2, Missourians with one of 9 qualifying conditions (those without a qualifying condition can gain approval from a doctor for a medical marijuana card) will have access to purchase and/or grow medical marijuana. Employers are likely to retain the majority of their rights around marijuana pertaining to drug testing and disciplinary action, and Amendment 2 included language that protects employers from adverse action by medical marijuana-using employees.|
|Report Driver DOT Positives||No|
|General Statute||While Missouri does not have a drug testing statute, employers must meet certain drug testing requirements in order to challenge workers' and unemployment comp claims.|
Employers should maintain comprehensive drug free workplace programs and policies in order to take advantage of Unemployment Compensation Denial and Workers’ Compensation Reduction & Denial
Intoxication Defense – Denial of Workers Compensation Claim - The Company may raise a defense to any workers’ compensation claim filed where there is a positive alcohol or controlled substance test result. This could result in a 50% reduction of benefits otherwise payable or a complete forfeiture of those benefits.
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 development or edit of your actual substance abuse testing program and with any questions that follow.
State Law Missouri