| State: | Massachusetts |
| Statute of Order: | Currently Not Available |
| Covered Employers: | Currently Not Available |
| Applicant Testing: | Currently Not Available |
| Employee Testing: | Currently Not Available |
| Conditions & Methods: | Currently Not Available |
| Pass Drug Testing Bulletpoints: |
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10 Things to Know To Pass A Drug Test In Massachusetts
1) State Laws on Drug Testing
The State of Massachusetts has taken the stance of limiting drug testing by
private employers severely. This action is the result of case law by the
State Supreme Court. Private employers are curtailed in who may be tested,
when they may be tested, where testing is to occur and how testing is
conducted and what substances may be tested for.
2) Types of Drugs
Under Massachusetts law, the types of drugs that may be tested for by
private employers are not specified therefore no testing can or must be done
to determine abuse by the employee. The usual laundry list of drug types
that could be tested are the same in Massachusetts as elsewhere, but the law
doesn’t require or permit private employers in most cases to conduct
workplace drug testing.
3) Policy Disclosure
Since employers are severely curtailed in the level and type of drug and
alcohol testing that may be conducted, there is no mandated disclosure
required under State law or regulations. Since so few employers are allowed
to test, the disclosure mandate is not required.
4) The Written Policy
As with the disclosure regulations, private companies are not permitted to
require drug testing of employees or prospective employees, therefore no
written policy guidelines exist under Massachusetts law, statutes or
regulations.
Since employers are limited in the testing that can be done under State law,
there is no mandate to set a policy for testing.
5) Types of Drug Test
For private employers, no regulations are on the record in Massachusetts
regarding what type of drug and alcohol testing may be conducted for
employees or prospective employees. Although the usage of drugs can be
determined from a testing standpoint, the State has taken the approach of
limiting any type of drug testing by private companies.
6) Paying for Drug Tests
The state law in Massachusetts provides for employer payment of all medical
exams performed upon employees or prospective employees as a condition of
employment. However, there is not yet a legal determination in Massachusetts
as to whether a drug test is considered to be a medical exam and therefore
covered under the above statute.
7) Where Can Drug Tests Be Done?
No regulations, statutes, laws or court decisions define the location where
drug tests can be performed. Such tests could be performed in any certified
SAMHFA facility with accurate results, but the State does not speak to the
location of drug testing.
8) Mandatory Testing
Private companies in Massachusetts are limited to workplace testing only on
individuals in safety sensitive positions.
9) When Can Drug Testing Be Done?
Random testing for drug usage is even more strictly limited. It can only be
done if the employee is in a position that has the potential for safety
issues to other employees or to the general public.
10) Testing Positive
Again, there is no provision under Massachusetts law, statutes or
regulations for results of a positive drug screening test. The issues are
not addressed under law or in the decisions of the courts.
PASS A DRUG TEST IN MASSACHUETTS
