State:	Montana
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.
Pass Drug Testing Bulletpoints:	Drug and alcohol testing required of employees are at the employer’s expense. Time attributable to the testing program is considered to be part of regular work hours and all employees must thus be compensated accordingly. An employee in violation of the employer’s policy may be sanctioned appropriately and required to participate in a suitable drug and alcohol treatment or rehabilitation program as a condition for continued employment. In such cases, periodic follow up testing is allowed and may be required. A positive test result must first be reviewed and certified by a medical review officer. A copy of the test report must be provided to the employee who shall be given the opportunity to rebut or explain the test results. The employee may request for an additional confirmatory split-sample test conducted by an independent laboratory chosen by the employee. If the additional test comes up negative, the employer pays for the cost. Otherwise, the additional confirmatory test shall be at the expense of the employee. Workers’ compensation benefits may be denied of an employee if the use of alcohol or drugs is the major cause of the workplace accident. However, if the employer had knowledge of the controlled substance use and failed to try and stop the employee’s use of alcohol or drugs, the ineligibility for benefits does not apply.

10 Things to Know To Pass A Drug Test In Virginia

1) 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.

2) Policy

Virginia 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.

3) 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.

4) 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.

5) 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.

6) 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.

7) 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.

8) 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.

9) 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.

10) 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.

PASS A DRUG TEST IN MONTANA