| Instant or POCT Testing |
Allowed with restrictions |
Confirmatory tests are required for positive results. |
| Drug Panels |
Not Specified |
Not clearly mentioned in the state laws. |
| Laboratory |
SAMHSA-certified labs preferred |
For accuracy and reliability. |
| Medical Review Officer (MRO) |
Required |
Review is needed for all positive results. |
| Random Testing |
Allowed for safety-sensitive positions |
Not allowed for general employees without a reason. |
| Post-Accident |
Allowed with restrictions |
Testing is permissible if there's reasonable suspicion of impairment. |
| Reasonable Suspicion |
Allowed |
Based on observable signs or consistent reports. |
| Oral Fluids |
Allowed with restrictions |
Should be confirmed with a secondary method. |
| Hair Testing |
Not Specified |
Not clearly mentioned in the state laws. |
| Unemployment Denial |
Yes |
If terminated due to drug policy violation. |
| Workers Comp Discount |
No |
No specific provision in South Dakota. |
| Intoxication Defense |
Allowed |
Employers can deny claims if drugs/alcohol are a factor. |
| Medical Marijuana |
Yes with prescription |
Employers may not discriminate against medical marijuana users. |
| Recreational Marijuana |
Yes |
Employers can have policies against usage during work hours. |
| Report Driver DOT Positives |
Follow federal guidelines |
Must comply with federal DOT regulations. |
| General Statute |
South Dakota Codified Laws |
