10 Things to Know About Workplace Drug Testing State Laws and Regulations in New England
1) A Brief Overview
The state of New England is often considered as a mandatory state, which implies that if an employer chooses to conduct a drug or alcohol test, he/she needs to comply with the rules of the state law.
2) The Policy
There is no law which states that a policy is required to conduct drug and alcohol tests. Nonetheless, in the case of workers compensation and employment purposes, the employers must have a written policy in place.
3) Costs And Consequences
Although the court is yet to ascertain whether a drug or alcohol test is a medical test, it has to be noted that in case of a test, it is the responsibility of the employer to bear the charges. Out here, the employee is not supposed to contribute even a penny. Disciplinary action is permitted only after the tests have been conducted in accordance to the state law.
4) Where To Conduct The Tests
All drug and alcohol related tests which are concerned with an employee, need to be conducted in a certified area. In accordance to the state law, the drug tests need to be undertaken in clinics, hospitals and laboratories which have been certified by the CLIA or the CAP.
5) How Are The Tests Carried Out
The drug and alcohol tests have to abide by the state rules which fall under section 48-1901 et seq. these tests may be conducted through the use of breadthlayzer or the employees may be asked to undergo a blood test. These drug testing methods then need to be confirmed and approved by the state department of health and human services. A confirmed method is GC/MS.
6) Only Licensed Parties Permitted
It is interesting to note that only licensed parties are permitted to collect samples of alcohol or drugs. These parties have appropriate permits and licenses from the state government and are therefore recommended by all.
7) A Few Hard Facts
In accordance to the statutory right to privacy, an employer cannot compel an employee to get himself/herself tested for a possible drug test. This is under section 20-203 while the testing falls under 48-1901 Et. Seq.
8) Class I Misdemeanor
In accordance to sections 48-1908 and 48-1909, any adulteration and substitution, sale or manufacture and attempted adulteration or substitution and sale manufacture, maybe be considered as Class I Misdemeanor.
9) Workers Compensation And Employment Benefits
In case an employee is tested positive, he/she may be exempted from workers compensation and he/she may also not be entitled for workman’s unemployment benefits as well. If there are no test results available, the state law would cease to be applied.
10) Who All Are Eligible For The Test
There is no hard and fast rule which states that a particular section of the society are eligible for testing while the others are not, nonetheless, it is important to note that employees who work in hazardous conditions or those employed in security agencies are considered eligible for the drug and alcohol test.
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