South Dakota State Drug Testing 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.

Drug Testing IssueStatusComments
Instant or POCT Testing No Restrictions
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsSAMHSA certified labs always recommended.
Medical Review Officer No RestrictionsMRO review of drug tests always recommended.
Random TestingNo Restrictions
Post-Accident RestrictionsDrug 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 FluidsNo Restrictions
Hair Testing No Restrictions
Unemployment Denial YesUnemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp DiscountNo
Intoxication DefenseYesInjury 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