The Montana Workforce Drug and Alcohol Testing Act regulates drug and alcohol testing of job applicants and employees (MT Code Sec. 39-2-205 to 211). The law addresses only safety-sensitive employees and applicants for safety-sensitive employment. The law applies to all employers in the state, but does not apply to independent contractors.
Safety-sensitive employment. The performance, supervision, or management of work in a hazardous work environment, security position, position affecting public safety, or fiduciary position for an employer is informally referred to as “safety-sensitive employment.”
Hazardous work environment. “Hazardous work environment” includes positions for which controlled substance and alcohol testing is mandated by federal law, jobs involving the operation of or work in proximity to construction equipment, industrial machinery, or mining activities, or jobs that involve handling or proximity to flammable materials, explosives, toxic chemicals, or similar substances.
Sample. “Sample” means a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol.
An employer may use random testing if the controlled substance and alcohol policy includes one or both of the following procedures:
• An employer may establish a date when all employees will be required to undergo testing.
• An employer may establish and administer a random testing process that must include an established calendar period for testing, an established testing rate within the ...