Missouri Drug Laws For Employees.
Missouri has no statute addressing drug testing in private employment. Missouri is one of a small number of states that has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Missouri? Even though Missouri Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Missouri Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Missouri employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Missouri Drug Laws.
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The Missouri Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Missouri Are For Breaking Missouri Drug Laws For Marijuana, Not Federal Or Local Laws.
Missouri drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Missouri behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Missouri using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Missouri is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Missouri Drug Test Laws.
- Is there a specific law that addresses or limits testing? – This is what is known is an ‘open’ State. You won’t find a direct law that addresses or limits testing at the workplace.
- Who Can Test? – There are absolutely no restrictions under the aegis of either the laws of the Sate or any court decision. Anyone can go through the process of testing.
- What is the Drug Testing Policy, if any? – When there is a specific state law on how to pass a drug test, pass a drug test there is no requirement for a written policy. Employers should have a written policy if issues related to unemployment or compensation need to be sorted out. A policy must be posted, for the successful defense of an unemployment claim. Also, it must be clearly underlined in the policy that the any violation whatsoever would lead to employment suspension or termination.
- Posting Requirements, If any – The State of Missouri has no specific posting requirements.
- What are the specific costs associated with the process? – There is no specification with reference to costs. However, any employer who wishes to defeat an unemployment claim will be faced with specific costs related to the requisite tests. If there is confirmation of the original result, through the independent test, the employee has to make a split payment.
- Conducting Tests – There are no limits underlined by the State Law. Again there is also no defined limit under any court decision. However, the tests must be conducted in accordance with Federal DOT.
- Compensation for Workers – Reduction – If an employer has adopted a rule or policy with regards to a workplace that should be drug free and also the usage of non-prescribed controlled drugs or alcohol, and employee fails to adhere to the rules or policy set forth, then there is a reduction of 50% in the compensation and death benefit provided by the employer. This is in the event that the injury was sustained as a result of conjunctive use of alcohol or non-prescribed controlled drugs.
- Compensation for Worker – Forfeit – If an employer has adopted a rule or policy with regards to a workplace that should be drug free and also the usage of non-prescribed controlled drugs or alcohol, and employee violates the rules or policy set forth, then an employee who sustains an injury forfeits any compensation or death benefits if it is found that the use of alcohol or non-prescribed controlled drugs is the proximate cause of the injury.
- Claim For Unemployment – Successful Defense – If an employer follows specific rules and regulations, then this will enable the employer to defend or defeat any unemployment claim made by the employee in the event that a controlled substance has been found present in the employee while at work.
- Claim for Unemployment – Unsuccessful Defense – There have been cases, wherein, the employer could not successfully defend or defeat a claim for unemployment as the employer could not show that the workplace had a clearly regulated and well-defined set of statutory requirements that warned employees that any violation of those rules and regulations could result in suspension or termination of employment.