State law regulates drug and alcohol testing of job applicants and employees (VT Stat. Tit. 21 Sec. 511et seq.). The law applies to all employers in the state.
Applicant testing. Employers may test applicants only if they do all of the following:
• Make an offer of employment conditioned on a negative test result.
• Provide written notice of the drug testing procedure and a list of the drugs to be tested, and state that therapeutic levels of medically prescribed drugs tested will not be reported. Notice may not be waived by the applicant.
• Administer drug tests in compliance with state law.
Employee testing. Random or companywide testing is prohibited unless required by federal law. Employers may test specific employees as a condition of continued employment only if all the following conditions are met:
• Probable cause exists to believe the employee is using or is under the influence of drugs on the job.
• The employer has a bona fide rehabilitation program for alcohol or drug abuse, and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation for the employee tested.
Employers may not terminate employees with positive test results if they agree to enter an assistance program and complete it successfully. An employee may be suspended only for the period of time needed to complete the program, but not longer than 3 months. An employee may be terminated if, after completion of the program, the employee fails a drug test administered by the employer.
Note. An employer is entitled to prohibit the nonprescribed use of drugs or alcohol during work hours. Employers retain the authority ...