Montana Drug Laws
We are going to explore two aspects of Montana drug laws and the information necessary to learn how to pass a drug test in Montana.
Learning The Basics Of Montana Drug Laws.
First, we are not attorneys and can not provide specific advice on the Montana Montana Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Montana drug laws.
Second, for those of you who are concerned with those Montana Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Montana.
There Are Four Major Drug Tests Given In Montana.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Montana.
Montana Drug Laws For Employees.
Montana employers may require certain employees and applicants to take drug tests.
Montana allows employers to drug test certain employees, if they follow the state’s rules and procedures. However, the drug testing law applies only to employees (including managers and supervisors) and applicants who work or will work in:
- a hazardous work environment
- a security position
- a position that affects public safety or health
- a position involving a fiduciary obligation to the employer, or
- a position that requires driving.
Drug Testing for Montana Applicants.
Employers may require applicants to take drug tests as a condition of employment.
Drug Testing for Montana Employees.
An employer may require an employee to take a drug test:
- on reasonable suspicion that the employee is impaired
- after the employee is involved in an accident that causes personal injury or more than $1,500 in property damage, or
- as a follow-up to a previous positive test.
An employer may also conduct random testing, either by establishing a date when all employees will be tested or by contracting with a third party to create and administer a test program that includes:
- an established calendar period when testing will take place
- an established rate of testing within the period
- a random selection process
- the participation of all managerial employees in the pool to be tested, and
- a signed statement from each employee confirming receipt of a written description of the testing process.
If an employee tests positive, the employer may require the employee to undergo treatment as a condition of continued employment. An employer can’t take any adverse action against an employee who tests positive (including requiring the employee to undergo follow-up testing) if the employee presents an explanation or medical opinion indicating that the positive result was not caused by illegal drug use. In this situation, the results must be removed from the employee’s record and destroyed.
An employer who wants to drug test must have a written policy in place, available for employees to review, 60 days before the employer begins testing. Any changes to the policy also require 60 days’ notice.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Montana? Even though Montana 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 Montana Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Montana 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 Montana Drug Laws.
|Statute of Order:||Mont. Code Ann. §39-2- 205 et seq.|
|Covered Employers:||Public and private employers.|
|Applicant Testing:||Testing authorized of applicants for intrastate motor carrier jobs, for jobs in hazardous environments, or jobs that primarily involve security, public safety, or fiduciary responsibility.|
|Employee Testing:||Employee testing authorized, including random testing, on reasonable belief of job impairment, after work-related accident causing injury or damage of $1,500 or more, or as part of regular physical exam for employees of intrastate motor carriers. Disciplinary action authorized if employee presents no reasonable explanation for positive findings.|
|Conditions & Methods:||Advance written notice of testing procedure, confirming test in case of positive findings, and opportunity for employee to rebut positive findings.|
|Testing Bullet Points:||
The Montana Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Montana Are For Breaking Montana Drug Laws For Marijuana, Not Federal Or Local Laws.
Montana 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 Montana 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 Montana 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. Montana 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 Montana Drug Test Laws.
- Legal Stand – This is a necessary test in the mining industry and left to voluntary decision otherwise. Discounted programs are available for workers of other industry. A miner cannot refuse to undergo drug testing and inability clear the testing process involves suspension of certificate.
- Policy – Montana law does not dictate the need for a policy except in the mining industry where a policy is a necessity. The policy is also needed in organizations where the employers have chosen to volunteer for the discounted state scheme.
- Cost Of Testing – The law clearly states that the cost of a medical exam is to be borne by the employer. An applicant or employee can turn to legal recourse if asked to bear the cost. However, the law does not clearly include drug tests as part of the medical tests. Drug test cost is specified as payable in the laws pertaining to the mining industry.
- Positive Test Result – The law for the mining industry specifies suspension of certificate if the drug test returns positive. A workers compensation claim can also be refuted if the test is positive in another industry. If the miner is able to prove that the drug is being taken under licensed prescription, the positive result does not lead to suspension of certificates and legal action. If a SAMHSA lab and procedure conducts the test, the individual can be considered to have carried out misconduct and may lose any compensation benefits on account of the accident.
- Drug Specification – The law does not specify the drugs to be tested for the non-mining industry. In the mining industry, a 11-panel drug test is prescribed.
- Approved Agency – SAMHSA certified lab and procedures are required for carrying out drug tests for the mining industry. If a compensation claim is to be refuted, an approved laboratory must conduct all tests.
- Timing of Drug Tests – Law does not specify the timing of drug testing. If a mining accident has occurred, due to the presence of intoxicants in a miner’s system, an immediate drug test is required on the victims who have either caused or suffered in the accident.
- Types of Jobs – A mandatory substance abuse testing and a rehabilitation program legally is specified for the mining industry. Other industries are free to choose the approach to the possible existence of substance abuse that might create workplace issues. While the law does not specify details, it takes a strong view of substance related accidents and endangering of lives in the mining industry.
- Substance Abuse Program – A miner who is undergoing a substance abuse program on a regular basis will not face suspension of the certificate. If the individual has not shown attendance in the program, suspension is possible.
- Method – The legal framework accepts federal DOT and SAMHSA procedures. In case of the mining industry, these procedures are necessary, in the other industries, these procedures are legally accepted for rebutting a compensation claim.