| Drug Testing Issue | Status | Comments |
|---|---|---|
| Policy | Required | There must be a written program, adopted by the employer and notified to the employees. |
| Disciplinary action | Permitted | No dismissal may occur as a result of a first positive drug test, though an employer’s policy may state that the employee must submit to a rehabilitation program as a condition for continued employment. |
| Specimen Type | See Comments | Follow Mandatory Guidelines for Federal Workplace Drug Testing Program. currently urine and oral fluid for drug testingen adn |
| POCT or Instant Testing | Prohibited | Use of SAMHSA certified Lab required |
| Lab | Certified laboratory required | Lab must be SAMHSA certified |
| Medical Marijuana | See Comments | No restrictions for testing in current law |
| Recreational Marijuana | See Comments | No restrictions for testing in current law |
| Denial of Unemployment Benefits | See Comments | No benefits if employee is terminated for misconduct. Identify in policy that testing positive or refusal to test is classified as misconduct.substance |
| Denial of Workers Compensation Benefits | Permitted | No compensation if intoxication of cause of an accident and employee is intoxicated., |
Puerto Rico Act No. 59 of Aug. 8, 1997 (Act No. 59), 29 P.R. Laws Ann. tit. 29 §§161 et seq., establishes specific requirements for the drug testing of job applicants and employees in the private sector. Although Act No. 59 does not make drug testing mandatory, an employer who establishes a drug testing program must adhere strictly to the provisions of Act No. 59.
Puerto Rico has legalized medical cannabis use, but adult (recreational) use remains illegal.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary 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.
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