South Dakota Alcohol and Drugs laws & HR compliance analysis

South Dakota Alcohol and Drugs: What you need to know

Some states have comprehensive laws that regulate or prohibit drug testing in the private sector. South Dakota does not have such a law. South Dakota employers are therefore free to implement drug-testing programs at their own discretion. Additional information on developing a program is available.
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South Dakota law requires certain state agencies to administer drug tests to applicants for safety-sensitive positions. The statute defines “safety-sensitive positions” as any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile. An employee currently working in a safety-sensitive position may be required to submit to a drug test if there is a reasonable basis for thinking that the employee is using drugs illegally. Test results and medical information collected are to be kept confidential. An applicant or employee may have access to this information upon written request. Any printed public announcement or advertisement soliciting applications for employment in such a position must include a statement of the requirements of the drug-screening program (SD Cod. Laws Sec. 23-3-64et seq.).
The South Dakota Human Relations Act prohibits discrimination in employment based on certain classifications, including disability (SD Cod. Laws Sec. 20-13-1et seq.). The law applies to all employers in the state, and specifically excludes current illegal use of or addiction to marijuana and controlled substances of all types.
Current use of illegal drugs is not a protected disability under the federal Americans with Disabilities Act (ADA). Alcoholism is ...

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