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Missouri Alcohol & Drugs: What you need to know

Missouri does not regulate or require testing for alcohol and drugs. Private employers are therefore free to set their own testing policies, as long as those policies meet the requirements of any applicable federal laws. Please see the national Alcohol and Drugs, national Disabilities (ADA) sections.

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The definition of misconduct that disqualifies an individual from unemployment benefits includes a discharge for having a "detectible amount of alcohol or a controlled substance" in violation of the employer's substance abuse prevention policy. In such a case, the claimant "shall have committed misconduct connected with the claimant's work."

Notice requirements. Employer policies must be publicized to employees through posting, a written personnel policy or handbook, or inclusion in a collective bargaining agreement, and must state that a positive test may result in suspension or termination of employment. As long as the written substance abuse prevention policy states that employees may be subject to random, reasonable suspicion, and post-accident drug and alcohol testing, the test results may be used to justify denying unemployment compensation. The revision allows employers to require and, with notice, admit for unemployment purposes, preemployment alcohol and controlled substance testing. In addition, the law's application is extended from only reasonable suspicion tests to any random, reasonable suspicion, and post-accident drug and/or alcohol test result in violation of an employer's policy. Any positive result shall be treated as disqualifying misconduct.

Testing. Employers are allowed to require preemployment tests for alcohol or controlled ...


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