Workplace Drug Testing Laws For Montana
Montana is one of the few states that has detailed statutory provisions governing drug and alcohol testing in the workplace. The Montana Workforce Drug and Alcohol Testing Act provides specific guidelines that employers must follow when implementing a drug and alcohol testing program.
Marijuana in Montana: As of January 2022, both medical and recreational marijuana are legal in Montana. Employers, however, are not required to accommodate the use of marijuana in the workplace.
For a comprehensive understanding of the regulations, you can visit the Montana Legislature's official website.
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Permitted||Under Mont. Code Ann. § 39-2-208|
|Drug Panels||Defined by statute||As per Mont. Code Ann. § 39-2-205|
|Laboratory||Must be SAMHSA-certified||As mandated by Mont. Code Ann. § 39-2-205|
|Medical Review Officer (MRO)||Required||Defined under Mont. Code Ann. § 39-2-203|
|Random Testing||Restricted||Only for safety-sensitive positions per Mont. Code Ann. § 39-2-209|
|Post-Accident||Permitted||If there's a reasonable suspicion of drug/alcohol influence.|
|Reasonable Suspicion||Permitted||As per Mont. Code Ann. § 39-2-210|
|Oral Fluids||Not specified||But must adhere to general testing protocols.|
|Hair Testing||Not specified||But must adhere to general testing protocols.|
|Unemployment Denial||Possible||Subject to individual case review.|
|Workers Comp Discount||Not specified||But intoxication can affect claims.|
|Intoxication Defense||Permitted||If intoxication was the direct cause of injury.|
|Medical Marijuana||Yes||Employers not required to accommodate use.|
|Recreational Marijuana||Yes||Workplace use can still be prohibited.|
|Report Driver DOT Positives||Subject to federal rules||Follow federal DOT regulations.|
|General Statute||Montana Workforce Drug and Alcohol Testing Act||Governed by Mont. Code Ann. §§ 39-2-201 through 39-2-215.|
Montana employers should carefully adhere to the guidelines and requirements set forth in the Montana Workforce Drug and Alcohol Testing Act when conducting drug and alcohol testing. Regular consultation with legal experts is also advisable, especially given the changing landscape of marijuana laws.
- Answered by: Andrew David Easler, Esq.
- Published: 12/19/2022
- Updated: 11/03/2023
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