Workplace drug testing issues – State Laws – Rhode Island
Rhode Island State law is very restrictive on drug testing. A comprehensive policy is required.
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 Rhode Island
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Permitted | Confirmation testing, a “federally certified laboratory,” is required. |
| Drug Panels | No restrictions | |
| Laboratory | Restricted | For confirmation testing, a “federally certified laboratory” is required. |
| Medical Review Officer | Not required | Highly recommended |
| Random Testing | Restricted | Safety-Sensitive Employees Only and Only in Certain Industries. |
State drug testing laws must be followed – Chapter 28-6.5 – Urine and Blood Tests as a Condition of Employment.
Employers in the highway maintenance industry, which shall include the construction, upkeep, maintenance, and repair of the state’s highways, roads, and bridges, including the repaving or resurfacing of the same, shall be allowed to test in conformity with procedures outlined in DOT regulations 49 CFR Part 40.
A written policy is required. Termination is only possible after rehabilitation has been offered for a first-time positive and the employee fails subsequent follow-up testing. Post-accident drug testing for non-regulated employers may be prohibited in Rhode Island.
Medical Marijuana – Rhode Island Gen. Laws 21-28.6-7
Rhode Island has explicit employee protection concerning medical marijuana:
- The cardholder is not subject to arrest, prosecution, criminal or other penalties, and property forfeiture. No school, employer, or landlord may refuse to enroll, employ or lease, or otherwise penalize solely for their status as a registered, qualified patient or registered primary caregiver.
- Prohibits employment discrimination based on a person’s status as a registered medical marijuana user.
- It does not require any employer to accommodate the medical use of marijuana in the workplace.
Intoxication Defense – Denial of Workers Compensation Claim – No compensation shall be allowed for the injury or death of an employee occasioned by their willful intention to bring about the injury or death of themselves or another, where it is proved that that conduct occasioned their injury or death, or that the injury or death resulted from their intoxication or unlawful use of controlled substances as defined in Rhode Island chapter 28 of title 21.
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.