Missouri State Drug Testing Laws

Workplace Drug Testing Issues – Missouri 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 Missouri

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Restricted	Use lab testing for post-accident to use the intoxication defense. Confirm all non-negative results at the lab.
Drug Panels	No restrictions
Laboratory	No restrictions	SAMHSA certified highly recommended to avoid liability exposure.
Medical Review Officer	Not required	It is highly recommended to use an MRO for all workplace drug tests.
Random Testing	No restrictions
Post-Accident	No 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
Workers Comp Discount	No
Intoxication Defense	Yes	The law provides for a rebuttable presumption of intoxication and that that intoxication proximately caused the injury if certain conditions are met.
Medical Marijuana	Yes	November 6, 2018 – With approximately 61% of voters supporting Amendment 2, Missourians with one of 9 qualifying conditions (those without a qualifying condition can gain approval from a doctor for a medical marijuana card) will have access to purchase and grow medical marijuana. Employers are likely to retain the majority of their rights around marijuana about drug testing and disciplinary action, and Amendment 2 included language that protects employers from adverse action by medical marijuana-using employees.
Recreational Marijuana	No
Report Driver DOT Positives	No
General Statute		While Missouri does not have a drug testing statute, employers must meet specific testing requirements to challenge workers’ and unemployment comp claims.

Employers should maintain comprehensive drug-free workplace programs and policies to take advantage of Unemployment Compensation Denial and Workers’ Compensation Reduction & Denial.

Intoxication Defense – Denial of Workers Compensation Claim – The Company may raise a defense to any workers’ compensation claim filed where there is positive alcohol or controlled substance test result. This could result in a 50% reduction of benefits otherwise payable or complete forfeiture of those benefits.

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.

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Workplace Drug Testing Issues – Missouri State Laws

Workplace Drug Testing Laws in Missouri

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