Workplace Drug Testing Issues – Connecticut State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Connecticut
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Restrictions | Non-negative tests must be confirmed at a laboratory. |
| Drug Panels | No Restrictions | Recommend following SAMHSA guidelines |
| Laboratory | Restrictions | Recommend using SAMHSA-certified laboratories. |
| Medical Review Officer (MRO) | Not required | The use of MRO is highly recommended to avoid liability in your drug testing program. |
| Random Testing | Restrictions | Random testing only allowed for State designated safety-sensitive occupations or employees voluntarily enrolled in EAP. |
- Prohibits refusing to hire, discharging, penalizing, or threatening employee solely based on person’s medical marijuana status as qualifying patient or primary caregiver
- Allow discipline based on marijuana use or impairment on the clock.
Intoxication Defense – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and attorney when you have a positive post-accident test after an injury.
PALLIATIVE USE OF MARIJUANA, HB 5389.
SECTIONS 31-51t THROUGH 31-51aa
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.