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.
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