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South Dakota State Laws

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.

Workplace Drug Testing Laws in South Dakota

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