South Dakota Drug Laws For Employees.

How To Pass A Drug Test Under South Dakota Drug Laws.South Dakota has no law restricting or prohibiting drug testing by private employers.  Although many states have passed laws regulating or restricting an employer’s right to require drug testing, South Dakota has not.  South Dakota law does not address drug testing in private employment. This means that private employers are not prohibited or restricted from drug testing applicants and employees.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in South Dakota?  Even though South Dakota 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.

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Here are some examples:

  • Violation of South Dakota Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An South Dakota 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 South Dakota Drug Laws.

State: South Dakota
Statute of Order: S. Dak. Cod. Laws Ann. §23-3-64
Covered Employers: State government.
Applicant Testing: Testing authorized of applicants for safety- sensitive state jobs after offer of employment, but public announcements and advertisements must carry notice of drug-testing requirements.
Employee Testing: Testing authorized of state employees holding safety-sensitive jobs if there is reasonable suspicion of substance abuse.
Conditions & Methods: Availability of test findings to applicants and employees on written request and methods to ensure confidentiality of test findings.
Testing Bullet Points:
  • In the State of South Dakota, drug dealer liability is legislated wherein employers may bring action to economic, non-economic, and exemplary damages as well as legal fees against drug dealers who directly or otherwise participated in the illegal drug market that brought an employee to possession and use of drugs.

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  • South Dakota’s Bureau of Personnel implements a drug screening program for applicants and employees of particular State facilities that provide patient or resident care or supervision. For current employees the screening may be conducted only on the basis of reasonable suspicion of illegal drug use.
  • Employers must pay for the cost of drug testing that they require of their employees. To compel an employee to pay for the cost of a medical examination required by the employer as a condition for employment is a Class 2 misdemeanor in South Dakota.
  • The definition for willful misconduct includes intentional intoxication, the use of illegal drugs, or failure or refusal to perform a duty required. An employee’s Injury or death due to willful misconduct is not compensable as per provisions under workers’ compensation.
 

The South Dakota Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in South Dakota Are For Breaking South Dakota Drug Laws For Marijuana, Not Federal Or Local Laws.

Federal And South Dakota Drug Test Laws On Marijuana.

South Dakota Drug Laws On Marijuana.

South Dakota 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 South Dakota 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 South Dakota 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.  South Dakota 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 South Dakota Drug Test Laws.

  1. A Brief Overview – The state of South Dakota is considered an open state; wherein there is no state law which restricts or encourages How To Pass A Drug Test In the state. Here, there is no state law which addresses or limits drug testing and hence, the tests can be carried forwards on the sole discretion of the employer.
  2. Who All Are Eligible – There is no hard or fast rule on who is eligible for the drug and alcohol tests. Employees who are engaged in hazardous work professions such as constructions work and security related assignments need to get their alcohol level checked on a regular basis. Then again, it all depends on the employer’s discretion and there is no restriction from the state law.
  3. Policy And Notices – The state of South Dakota does not have any laws which demand a written policy. In case an employer wishes to benefit through the means of worker’s compensation and unemployment benefits, he/she needs to have a written policy in place.
  4. The Need For Notices – In the state of South Dakota, there is no need for a written notice. Likewise, it is completely dependent on the employer if he/she wishes to go right ahead and send a notice to the employer or not. Hence, a written notice is completely decided by the employer.
  5. The Charges For Tests – The state of South Dakota does not specify and cost related benefits. In simple words, the costs can ideally be shared amongst both the employer as well as the employee. It needs to be noticed that if in case the employer is conducting a drug or alcohol related test, it is his/her responsibility to bear the overall charges. It would be a criminal offence to involve an employee for the same.
  6. The Consequences – There are no consequences as per the state law of South Dakota. If in case an employee fails a drug or alcohol related test, he/she may be eligible for a punishment but the nature of punishment needs to be decided by the employer. Out here, the employer acts in accordance to the normal laws and not the state laws.
  7. The Time Of The Test – It is interesting to note that there is no specified time for the test and it can be carried forward as per the discretion of the employer. As and when he/she considers that the time is appropriate, the test is provided with a green signal.
  8. Worker’s Compensation And Unemployment Benefits – It is interesting to note that the workman’s compensation and employment benefits are directly linked to the test results. If in case an employee is found guilty of drug abuse, his/her employment benefit is liable to get cancelled.
  9. The Drug Dealer Liability Law – In accordance to this law, it needs to be noted that an employer has the distinct advantage of seeking damages from the court of law. This is beneficial as the employer is fully protected by the state law.
  10. State Benefits – As such there are no state benefits attached to drug or alcohol testing and the normal law applies for the same.