Workplace Drug Testing Laws For Missouri

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Accepted Answer

Missouri's stance on workplace drug testing is largely shaped by court decisions rather than detailed statutory schemes. The state leans towards a balance between an employer's right to maintain a drug-free workplace and the privacy rights of employees. Employers should conduct drug testing in a consistent and non-discriminatory manner.

Marijuana in Missouri: As of January 2022, medical marijuana is legal in Missouri under Article XIV of the Missouri Constitution. Recreational marijuana remains illegal.

For a comprehensive understanding of the regulations, including Article XIV, you can visit the Missouri Legislature's official website.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	No specific statute	Consistency in administration is recommended.
Drug Panels	No specific statute	Typically, employers follow SAMHSA guidelines.
Laboratory	No specific regulation	Use of SAMHSA-certified labs is recommended.
Medical Review Officer (MRO)	No specific statute	To ensure accurate interpretation of results.
Random Testing	No specific statute	Best for safety-sensitive positions; consistent application is crucial.
Post-Accident	No specific statute	Ensure non-discriminatory application.
Reasonable Suspicion	No specific statute	Observations should be well-documented.
Oral Fluids	No specific statute	Adherence to industry standards recommended.
Hair Testing	No specific statute	Consistent application and valid methodology essential.
Unemployment Denial	Possible	Under Mo. Rev. Stat. § 288.050.2 for misconduct related to drug use.
Workers Comp Discount	No specific statute	But intoxication can affect claims.
Intoxication Defense	Permitted	Under Mo. Rev. Stat. § 287.120 if intoxication was the cause of injury.
Medical Marijuana	Yes, with restrictions	Regulated under Article XIV of the Missouri Constitution.
Recreational Marijuana	No	Remains illegal as of January 2022.
Report Driver DOT Positives	Subject to federal rules	Follow federal DOT regulations.
General Statute	Based on Court Decisions & Article XIV	It's essential to remain updated on court decisions that may influence drug testing policies.

Missouri employers should remain diligent in ensuring that their drug testing policies respect employee rights and are consistent with both state law and prevailing court decisions. Given the evolving legal landscape, periodic policy reviews and legal consultation are advisable.

Workplace Drug Testing Laws For Missouri

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