10 Things to Know About Workplace Drug Testing State Laws and Regulations in Montana
1) It Is Mandatory
The state of Montana is supposedly a mandatory state which implies that if an employer wishes to conduct drug and alcohol testing, he/she she needs to do so in accordance to the state law. The perquisite of a written policy is also a must for analyzing and calculating worker’s compensation and employment benefits.
2) The Rules
The manufacturing, distribution and possession of controlled substances need to be accessed by the local law and sanctioned by the state government. Likewise, the employer needs to update employees with the benefits of a healthy workplace through the means of numerous educational programs.
3) The Regulations
It has to be noted that the reports and memoranda pertaining to the drug testing regulations need to be kept a secret. Anyhow, the results can be shared with the tested employee, the employer, to the lawyer in the case of a claim by the employee under 39-2-205 and 39-2-211.
4) Cost And Notice
A sixty day prior notice is required prior to the testing. All tests need to be born by the employer. Employees also need to be compensated at their regular rate. They should also be provided with the benefits for the time attributed to the testing program.
5) The Shared Cost
According to the drug testing state laws, the employer is also supposed to obtain the employees urine split sample, which in turn needs to be assessed by an independent laboratory. In case the results are negative, the expenses are born by the employee and if the results are positive, the employer needs to bear the charges.
6) Things To Avoid
Under the state laws of Montana, the employer cannot charge his/her employee for the prescribed drug tests. Likewise, the cost of furnishing such records of medical examination also need to be bourn by the employer.
7) The Consequences
In case the employee is found to be violating the drug testing laws, he/she needs to ensure that the appropriate sanctions are in place. The employer may also aid his/her employee by including them in drug rehabilitation programs, counseling and required treatments. The employer may also be required to accept a periodic testing clause which is a part and parcel of counseling, treatment and rehabilitation program.
8) Who Is Eligible
Employees, who are engaged in hazardous work environment which includes security related jobs and positions affecting public safety, need to be tested for drug abuse. Hazardous work environment includes positions where testing is mandatory by the state laws, construction related assignments and security related assignments.
9) What And Where
Controlled substances such as alcohol are defined as dangerous drugs and are therefore defined in 49 CRF, part 40. Per part 40= marijuana, cocaine, amphetamines and opiates and PCP. All tests must be conducted in clinics which have been licensed per CLIA.
10) How Are The Tests Formulated
The alcohol testing procedures, which are covered by 49 CFR, part 40, need to confirm 49 CFR, part 40. Those which do not fall in this category need to be formulated by a testing methodology which is cleared by the United States Food and Drug Administration.
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