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.
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).