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.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
South Dakota law requires drug screening for applicants for the following positions:
• Positions at the Human Services Center or the South Dakota Developmental Center with a primary duty of patient or resident care or supervision;
• Positions at the South Dakota State Veterans’ Home with a primary duty of patient or resident care or supervision;
• Safety-sensitive positions; and
• Positions in the Department of Agriculture, Wildland Fire Suppression Division with duties that include firefighting (SD Cod. Laws Sec. 3-6F-5).
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 considered a disability, but federal law provides that an employer may hold an alcoholic employee to the same qualifications and job performance standards as other employees, even if unsatisfactory performance is caused by the alcoholism.
The Drug-Free Workplace Act of 1998 establishes a drug-free workplace demonstration program within the U.S. SBA. Under this ...

Read more about Alcohol and Drugs