Workplace Drug Testing Issues – New Mexico State Laws
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
In New Mexico, DOT drug and alcohol testing procedures must be observed in workers’ compensation denial cases.
April 4th, 2019 – Amendment to New Mexico medical marijuana law to provide employment protections to employees and applicants. Supervisor training and policies should be updated to reflect employment issues involving medical marijuana, such as requests for accommodations and positive drug test results.
Workplace Drug Testing Laws in New Mexico
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No Restrictions|
|Drug Panels||No Restrictions|
|Laboratory||No 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||No Restrictions|
|Reasonable Suspicion||No Restrictions||Document carefully|
|Oral Fluids||No Restrictions|
|Hair Testing||No Restrictions|
|Unemployment Denial||Yes, address in company policy||State violation of drug free workplace policy is misconduct.rn|
|Workers Comp Discount||No|
|Intoxication Defense||Yes, available||Reduction in compensation when alcohol or drugs contribute to injury or death|
|Medical Marijuana||Yes||Employer has no duty to accommodate and no violation of New Mexico law or public policy for termination based on failed test.|
|Report Driver DOT Positives||Yes||Requires employers to report DOT drug and alcohol positive and refusal to tests on CDL holders to the NM DMV. The DMV will enter the information on the CDL holder's motor vehicle record. Pre-employment refusals to test are not reported. The positive/refusal to test information will remain on the driver's record for 5 years.|
|General Statute||New Mexico does not have a drug testing statute; however, in workers' compensation denial cases employers must demonstrate compliance with the DOT drug and alcohol testing regulations.|
Unemployment Disqualification - New Mexico Stat. Ann. §51-1-7(2)
Workers' Compensation Claim Denial - Intoxication Defense - Section 52-1-12.1 - Reduction in compensation when alcohol or drugs contribute to injury or death.
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 Mexico