Montana amends drug testing rules

The state of Montana has enacted legislation (House Bill 655) that amends employer drug testing rules. House Bill 655 takes effect on July 1, 2021.

Rebuttal and Explanation Opportunity:

Typically, employers must provide employees with the opportunity to rebut or explain the results of a drug test. House Bill 655 removes this requirement for an individual who tests positive for marijuana and does not have a registry identification card issued by the Department of Public Health & Human Services.

Additionally, employers generally must not take adverse action against an employee if the employee presents a reasonable explanation or medical opinion indicating that their original test results were not due to illegal use of controlled substances or alcohol consumption. House Bill 655 clarifies that this protection only covers employees with registry identification cards.

Benefits Disqualification:

For workers' compensation purposes, House Bill 655 adds employer protections by disqualifying an employee from benefits and adding the presumption that a work accident is due to employee drug use if an employee fails or refuses to take a lawful drug test.

Note: Individuals with registry identification cards who fail to pass or refuse to take a drug test for marijuana are exempt from disqualification of benefits.

Compliance Recommendations:

Montana employers should review their drug testing policies and procedures and train their supervisors to ensure compliance with House Bill 655 by July 1, 2021. Please contact your dedicated service professional with any questions.