Missouri Alcohol & Drugs laws & safety compliance analysis

Missouri Alcohol & Drugs: What you need to know

State Requirements

Drug and alcohol testing is an area generally governed by state law, so getting the drug testing facts is vital for employers. For some specific industries, workplace drug screening is mandated by federal law; however, drug testing for marijuana and other intoxicants can be instrumental in an employer's efforts to control abuse in the workplace, regardless of whether the employer is required to do so. Employers must also consider the value of programs for drug abuse rehabilitation and rehabilitation for abuse of other substances in assisting and retaining valuable employees.

Drug Testing
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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.

Unemployment Compensation Disqualification

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 ...

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