PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Workers Compensation Voluntary Premium Reduction State
No
2) Employers Covered by Federal Drug Free Workplace Act
No
3) State Constitution Privacy Provision
No
4) Penalties and Remedies for Employer Non-Compliance
Yes
5) Significant Testing Restrictions
Yes
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
Yes
8) Worker’s Compensation Disqualification Laws
Yes
9) Unemployment Compensation Disqualification Laws
No
10) Alcohol Cut-off Levels
Not Specified
11) Substances Allowed for Testing
Any drug under U.S. Drug Enforcement Administration Schedule I and may include amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene
· Substances Cut-off Levels
Not Specified
12) Drug Specimen Types
Body Fluids or materials from body. Employers may not require nor request blood sample for drug testing.
13) Types of Drug Testing and Restrictions
· Pre Employment
Permitted if conducted after a conditional job offer
· Reasonable Cause
Permitted
· Random
Prohibited
· Post Accident
Prohibited unless reasonable cause exists
· Follow-up Testing
Prohibited
14) Restrictions on Types of Workplace Drug Tests
Yes
15) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split
Not Specified
16) Drug Testing Falsification Law
No
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
Prohibited
19) Laboratory Based Testing
· Laboratory Certifications
Approved by VT Dept. of Health
· Oral Fluids
Allowed
· Hair Testing
Not Specified
20) Notification of Test Results
Employee or applicant must be notified of the test result within 5 days; must include consequences and options available to employee or applicant. Person being tested with an opportunity, at his or her request and expense, to have a blood sample drawn at the time the urine sample is provided and preserved in such as way that it can be tested later for the presence of drugs.
21) Rehabilitation Requirements
Bona fide rehabilitation program for alcohol or drug abuse and the Employee Assistance Program must be provided by the employer or must be available to the extent provided by a policy of health insurance or under contract by a non-profit hospital service corporation.
22) Retest Required
Yes
23) Wage Payment Requirements
Employer Responsibility
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
Yes
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and Georgia
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
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