Vermont Drug Testng Laws

Vermont has framework for drug testing employees, emphasizing the rights and protections of workers. The Vermont Fair Employment Practices Act and the specific statutes under Title 21 outline the legal landscape for drug and alcohol testing in the state.

Marijuana in Vermont: Recreational marijuana use is legal in Vermont. However, employers are not required to accommodate its use in the workplace. Medical marijuana is also legalized and regulated separately.

For in-depth information, one can refer to the Vermont Fair Employment Practices Act and the provisions on drug testing in Title 21.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Allowed, with conditions	Must be in line with Vermont Fair Employment Practices Act.
Drug Panels	Not Specifically Detailed	Subject to employer's policy.
Laboratory	Required	Only labs certified by the SAMHSA.
Medical Review Officer (MRO)	Required	For interpreting and verifying test results.
Random Testing	Restricted	Mainly for safety-sensitive positions.
Post-Accident	Allowed, with conditions	Employer must have probable cause.
Reasonable Suspicion	Allowed	Based on documented evidence.
Oral Fluids	Not Specifically Detailed	At discretion of the employer.
Hair Testing	Not Specifically Detailed	At discretion of the employer.
Unemployment Denial	Possible	In case of violation of employer's drug-free policy.
Workers Comp Premium Reduction	Not Available	Vermont does not offer this incentive.
Intoxication Defense	Allowed	Employers can refute workers' comp claims if injury due to drug impairment.
Medical Marijuana	Allowed	For registered patients.
Recreational Marijuana	Allowed, with workplace restrictions	Not permitted during working hours or on employer's premises.
Report Driver DOT Positives	As per federal standards	Adherence to Federal DOT regulations.
General Statute	Vermont Fair Employment Practices Act	A cornerstone for workplace drug testing in Vermont.

Answered by: Andrew David Easler, Esq.
Published: 11/03/2023
Updated: 11/03/2023

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