Workplace Drug Testing Issues – New Hampshire 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 Issue||Status||Comments|
|Instant or POCT Testing||No Restrictions|
|Drug Panels||No Restrictions|
|Laboratory||No Restrictions||SAMHSA certified lab recommended|
|Medical Review Officer||Not Required||Use of a medical review officer strongly recommended|
|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|
|Unemployment Denial||Yes||Address drug free workplace policy, a violation is grounds for termination and misconduct.|
|Workers Comp Discount||No|
|Intoxication Defense||Yes||See note|
|Medical Marijuana||Yes||House Bill 573 (284-66 H; 18-6 S). rnThere are no limits on employers; law specifically says no need to accommodate use at work.rn|
|Report Driver DOT Positives||No|
|General Statute||--||No law in New Hampshire law addressing drug testing in private employment.|
There are no known court decisions interpreting the “New Hampshire Compassionate Use Medical Marijuana Act.” The law does not limit employers in disciplining an employee for ingesting cannabis at the workplace or for working while under the influence of cannabis.
Note: Intoxication Defense – Denial of Workers Compensation Claim – The employer shall not be liable for any injury to a worker which is caused in whole or in part by the intoxication, as defined in RSA 281-A:2, XII-a, or by the serious and willful misconduct of the worker. The provision as to intoxication shall not apply, however, if the employer knew that the employee was intoxicated.
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 New Hampshire
Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.