privacy To receive the employee’s rights. comp. workers’ discount, employers must give positive test results in writing to the employee within 24 hours of receiving the test results. Employers must also keep records of each test for up to one year. There is no state law requiring re-testing or follow-up tests if an initial test comes back positive. South Dakota South Dakota has State law does not specify State law does not Specimen: State law State law does not specify how drug State law does not An employer not enacted any the circumstances specify any does not specify tests must be conducted. specify any legal cannot require an laws governing random, requirements for which kind of protections for employee to pay general drug reasonable suspicion, etc.) written policies or testing (urine, State law does not specify where a employees or costs for "medical testing of under which testing is written notices to blood, hair, etc.) is drug test can or must take place. applicants who test examinations," employees or authorized or prohibited. employees or authorized or positive for drugs or which could be applicants by applicants prior to prohibited. alcohol. interpreted to private employers. testing for drugs or include drug alcohol. Best testing. practice, however, is (S.D. Codified to have a written Laws § 60-11-2) policy outlining the intentions employer’s with drug testing, including procedures and consequences for failed tests and for refusing a test. Tennessee Tennessee has a To qualify for the Employers must give Specimen is defined All specimen collection and testing for To qualify for the To qualify for the state’s voluntary drug drug-free workplace all employees a as tissue, fluid or drugs and alcohol must be done under drug-free-workplace free workplace program: notice at least 60 product of the the US Department of Transportation law, an employee or law, program. There days before human body rules for workplace drug and alcohol applicant who employers must are no other (1) Pre-employment testing: implementation capable of revealing testing. Employers must use the chain receives a confirmed pay the cost of all statutes or cases After a conditional offer of stating that a the presence of of custody form approved by the state positive test result initial and mandating a covered workplace alcohol or drugs. DOL. may contest or confirmation tests specific drug employer must require job program is being explain the result to that the employer testing procedures. applicants to submit to a implemented, the the MRO within 5 requires. The
employee’s privacy rights. To receive the workers’ comp. discount, employers must give positive test results in writing to the employee within 24 hours of receiving the test results. Employers must also keep records of each test for up to one year. There is no state law requiring re-testing or follow-up tests if an initial test comes back positive. South Dakota South Dakota has not enacted any laws governing general drug testing of employees or applicants by private employers. State law does not specify the circumstances random, reasonable suspicion, etc.) under which testing is authorized or prohibited. State law does not specify any requirements for written policies or written notices to employees or applicants prior to testing for drugs or alcohol. Best practice, however, is to have a written policy outlining the employer’s intentions with drug testing, including procedures and consequences for failed tests and for refusing a test. Specimen: State law does not specify which kind of testing (urine, blood, hair, etc.) is authorized or prohibited. State law does not specify how drug tests must be conducted. State law does not specify where a drug test can or must take place. State law does not specify any legal protections for employees or applicants who test positive for drugs or alcohol. An employer cannot require an employee to pay costs for "medical examinations," which could be interpreted to include drug testing. (S.D. Codified Laws § 60-11-2) Tennessee Tennessee has a voluntary drug free workplace program. There are no other statutes or cases mandating specific drug testing procedures. To qualify for the state’s drug-free workplace program: (1) Pre-employment testing: After a conditional offer of a covered employer must require job applicants to submit to a Employers must give all employees a notice at least 60 days before implementation stating that a workplace program is being implemented, the Specimen is defined as tissue, fluid or product of the human body capable of revealing the presence of alcohol or drugs. All specimen collection and testing for drugs and alcohol must be done under the US Department of Transportation rules for workplace drug and alcohol testing. Employers must use the chain of custody form approved by the state DOL. To qualify for the drug-free-workplace law, an employee or applicant who receives a confirmed positive test result may contest or explain the result to the MRO within 5 To qualify for the law, employers must pay the cost of all initial and confirmation tests that the employer requires. The
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx