State: New Hampshire
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:
  • The costs of an employee’s medical examination required by the employer as a condition of employment shall not be made at the expense of the employee but rather shall be paid for by the employer.
  • As per the Model Drug Dealer Liability Act, an employer may bring an action for economic and non-economic damages, caused by an employee’s use of an illegal drug, against the person convicted of participating in the distribution of the illegal drug used by the employee.
  • Persons who were discharged from employment due to intoxication or use of controlled drugs are disqualified from receiving unemployment benefits.
  • With regards to workers’ compensation In cases of work related injuries, the employer will not be liable if the proximate cause of the injury is due to intoxication or by willful misconduct of the worker. However, if the employer has knowledge of the employee’s intoxication, the provision is no longer applicable. Intoxication as used in this context includes being under the influence of a controlled drug taken without proper prescription or not in accordance to the instructions of the drug.
  • 10 Things to Know To Pass A Drug Test In New Hampshire

    1) A Brief Overview

    The state of New Hampshire is considered an open state and is therefore not considered an active state in terms of mandatory medical tests. There is no law which directly addresses or limits workplace testing. Hence, these tests are based on the whole and sole discretion of the employer.

    2) A Policy In Place

    The state of New Hampshire clearly states that there is no written policy when it comes to assessing the need for a drug or alcohol test. On the other hand, when it comes to assessing the workers compensation/ benefits, the need for a written policy is considered mandatory in the state of New Hampshire.

    3) Notices And Costs

    Whenever an employer decides to get his employees tested for a possible drug or alcohol test, he/she intimates them of the same well in advance. Nonetheless, in the state of New Hampshire, there is no such rule in place and hence there is no time limit attached to a possible intimation. Likewise, the costs could either be bourn by the employer or the employee.

    4) Who All Are Eligible For The Test

    Once again, there is confusion as to who all are eligible for the tests and who are not, as there is no rule in New Hampshire which makes drug testing mandatory for a particular section of the society. Nonetheless, employees who are engaged in constructions work or are involved in professions which are considered hazardous in nature require a drug test for sure.

    5) The Consequences For A Drug Failure

    Owing to a lack of clear cut law in the state of New Hampshire, it has been noticed that if an employee is found guilty of a drug test, he/she may or may not get persecuted for the same. The punishment is solely dependent on the discretion of the employer.

    6) When To Conduct A Drug Test

    There is no hard and fast rule which states that a drug or alcohol test needs to be held in a particular month or year and if you as an employer, feel the need to get your employees tested for a possible drug abuse, you need to do so in accordance to your personal decisions.

    7) Where To Conduct The Drug Tests

    Drug related tests, which also include alcohol tests, need to be conducted on a random basis and are generally confined to clinics, hospitals and laboratories which have been certified by the local government. In the state of New Hampshire, you can conduct work related tests in any center.

    8) What Is The Eligibility Criteria

    To be very honest, there is no eligibility criterion to appear for a drug or alcohol related tests and it can be arranged through the means of the employer.

    9) How To Conduct The Test

    As there are no specific laws which govern the overall testing procedure, employers can follow the basic rules and regulations and conduct the tests accordingly.

    10) Workman’s Compensation And Drug Abuse

    In case a worker is found guilty of drug abuse, he/she may not be considered eligible for a workman’s compensation. This can only be decided by the employe.

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