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South Dakota State Drug Testing Laws

Workplace drug testing issues – State Laws – South Dakota

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 South Dakota

Drug Testing IssueStatusComments
Instant or POCT TestingNo restrictions 
Drug PanelsNo restrictions 
LaboratoryNo restrictionsSAMHSA-certified labs are always recommended.
Medical Review OfficerNo restrictionsMRO review of drug tests is always recommended.
Random TestingNo restrictions 
Post-AccidentRestrictionsDrug 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 SuspicionNo restrictions 
Oral FluidsNo restrictions 
Hair TestingNo restrictions 
Unemployment DenialYesUnemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp DiscountNo 
Intoxication DefenseYesInjury or death due to willful misconduct of employee not compensable.
Medical MarijuanaNo 
Recreational MarijuanaNo 
Report Driver DOT PositivesNo 
General Statute South Dakota laws do not address workplace drug testing.

Some companies may have employees regulated by the federal Department of Transportation, such as commercial drivers (CDL). Companies typically have separate policies for their DOT-regulated programs. These policies and procedures should always be based upon the DOT rules.

Intoxication Defense – Denial of Workers Compensation Claim – A Workers’ Compensation intoxication defense to a claim exists in South Dakota, but there is no rebuttable presumption of intoxication.

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.

View Individual State Law Summaries

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