Montana Alcohol & Drugs laws & safety compliance analysis

Montana Alcohol & Drugs: What you need to know

State Requirements

The Montana Workforce Drug and Alcohol Testing Act regulates drug and alcohol testing of job applicants and employees (MT Code Sec. 39-2-205 to 211). The law addresses only safety-sensitive employees and applicants for safety-sensitive employment. The law applies to all employers in the state, but does not apply to independent contractors.

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TEffective July 1, 2021, an employee is disqualified from receiving workers’ compensation benefits for failing to pass, or refusing to take, a drug test in violation of an employer’s written workplace drug policy (MT Stat. Sec. 39-51-2303).

Drug Testing

Safety-sensitive employment. The performance, supervision, or management of work in a hazardous work environment, security position, position affecting public safety, or fiduciary position for an employer is informally referred to as "safety-sensitive employment."

Hazardous work environment. "Hazardous work environment" includes positions for which controlled substance and alcohol testing is mandated by federal law, jobs involving the operation of or work in proximity to construction equipment, industrial machinery, or mining activities, or jobs that involve handling or proximity to flammable materials, explosives, toxic chemicals, or similar substances.

Sample. "Sample" means a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol.

Random Testing

An employer may use random testing if the controlled substance and alcohol policy includes one or both of the following procedures:

  • An employer may ...

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