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Montana State Laws

Workplace Drug Testing Issues – Montana State Laws

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

Check out: An Employer’s Guide to Drug Testing in Montana.  There are requirements including a comprehensive written policy for employer drug testing in Montana. These specific requirements apply to employees and applicants who will work in a hazardous work environment, a security position, a position that affects public safety or health, a position involving a fiduciary obligation to the employer, or a position that requires driving.

Denial of workers comp claim – Montana Code 39-71-407

Denial of unemployment claim – Montana Code Ann. 39-51-2303

Random Testing – Mont. Code Ann. 39-2-208

Workplace Drug Testing Laws in Montana

Drug Testing Issue Status Comments
Instant or POCT Testing Prohibited Law requires mirroring of DOT testing
Drug Panels Restricted SAMHSA 5 panel only
Laboratory Restricted SAMHSA certified lab only
Medical Review Officer Required Required for both positive and negative results
Random Testing Restricted Follow Mont. Code Ann. 39-2-208
Post-Accident Restricted Injury caused death or personal injury or property damage in excess of $1,500.
Reasonable Suspicion No Restrictions
Oral Fluids No Restrictions
Hair Testing Restricted Not mentioned in Montana Law
Unemployment Denial Yes Address in company policy, terminate for misconduct.
Workers Comp Discount No
Intoxication Defense Yes An employee is not eligible for benefits if the employeeu2019s use of alcohol or drugs not prescribed by a physician is the major contributing cause of the accident. However, if the employer had knowledge of, and failed to attempt to stop the employeeu2019s use of alcohol or drugs, this subsection does not apply.
Medical Marijuana Yes Employers are not required to accommodate an employeeu2019s use of medical marijuana. Further, employers may prohibit employeesu2019 use of medical marijuana in employment contracts.
Recreational Marijuana No
Report Driver DOT Positives No
General Statute The Montana Workforce Drug and Alcohol Testing Act (u00a7u00a7 39-2-205 through 39-2-211, MCA) - Employers planning to establish a drug and alcohol testing program but who are not regulated, in whole or in part, by a DOT agency must comply with Montana law.

Intoxication Defense – Denial of Workers Compensation Claim - 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 refusal or 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 development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Montana