Workplace Drug Testing Issues – New Mexico State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
In New Mexico, DOT drug and alcohol testing procedures must be observed in workers” compensation denial cases.
April 4th, 2019 – Amendment to New Mexico medical marijuana law to provide employment protections to employees and applicants. Supervisor training and policies should be updated to reflect employment issues involving medical marijuana, such as requests for accommodations and positive drug test results.
Workplace Drug Testing Laws in New Mexico
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No Restrictions|
|Drug Panels||No Restrictions|
|Laboratory||No 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||No Restrictions|
Unemployment Disqualification – New Mexico Stat. Ann. §51-1-7(2)
Workers’ Compensation Claim Denial – Intoxication Defense – Section 52-1-12.1 – Reduction in compensation when alcohol or drugs contribute to injury or death.
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.