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.
Pass Drug Testing Bulletpoints:
  • 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.
  • 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.
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    10 Things to Know To Pass A Drug Test In South Dakota

    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.

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