Workplace Drug Testing Issues – Montana State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Check out: An Employer’s Guide to Drug Testing in Montana. There are requirements including a comprehensive written policy for employer drug testing in Montana. These specific requirements apply to employees and applicants who will work in a hazardous work environment, a security position, a position that affects public safety or health, a position involving a fiduciary obligation to the employer, or a position that requires driving.
Denial of workers comp claim – Montana Code 39-71-407
Denial of unemployment claim – Montana Code Ann. 39-51-2303
Random Testing – Mont. Code Ann. 39-2-208
Workplace Drug Testing Laws in Montana
|Drug Testing Issue
|Instant or POCT Testing
|Law requires mirroring of DOT testing.
|SAMHSA 5 panel only
|SAMHSA certified lab only
|Medical Review Officer
|Required for both positive and negative results
|Follow Mont. Code Ann. 39-2-208
Intoxication Defense – Denial of Workers Compensation Claim – 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 your attorney when you have a refusal or positive post-accident test after an injury.
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.