Workplace drug testing issues – State Laws – South Dakota
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
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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 labs always recommended. |
| Medical Review Officer | No Restrictions | MRO review of drug tests always recommended. |
| Random Testing | No Restrictions | |
| Post-Accident | 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 | Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test. |
| Workers Comp Discount | No | |
| Intoxication Defense | Yes | Injury or death due to willful misconduct of employee not compensable. |
| Medical Marijuana | No | |
| Recreational Marijuana | No | |
| Report Driver DOT Positives | No | |
| General Statute | -- | South Dakota laws do not address workplace drug testing. |
Some companiesmay have employees regulated by the federal Department of Transportation, such as commercial drivers (CDL). Companies typically have separate policies for their DOT-regulated programs. These policies and procedures should always be based upon the DOT rules
Intoxication Defense – Denial of Workers Compensation Claim – In South Dakota a Workers’ Compensation intoxication defense to a claim exists but there is not a rebuttable presumption of intoxication.
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 South Dakota