State:	Vermont
Statute of Order:	Vt. Stat. Ann. Tit. 21 §511 et seq.
Covered Employers:	Public and private employers.
Applicant Testing:	Applicant testing authorized with advance written notice to applicant, after conditional offer of employment has been made, and if test is part of preemployment physical.
Employee Testing:	Employee testing authorized as part of an employee assistance program or when there is probable cause for suspicion of substance abuse. Random testing prohibited. Employer may suspend employee who tests positive for period of rehabilitation, but may not discharge an employee who agrees to rehabilitation after first positive test.
Conditions & Methods:	Testing only by certified laboratory, documentation showing chain of custody, confirming test with part of original sample in case of positive findings, and opportunity for employee to explain findings.
Pass Drug Testing Bulletpoints:	Employers in Vermont may not require employees or job applicants to pay for the costs of medical examination required by the employer for employment purposes. The administration of drug tests pursuant of a compliant workplace policy requires that the employer to designate a specimen collector who may be an in-house employee charged to collect specimens from job applicants, or a qualified non-employee for collecting specimens from current employees for drug testing based on probable cause. The employer must contract a certified medical review officer who shall review and evaluate all drug test results to ensure rule compliance, report the results of the test to the tested individual, provide an employee who tested positive with opportunity for retesting at an independent laboratory at the employee’s expense, and report only confirmed positive drug tests to the employer. Any injury due to the use of illegal drugs is not covered under workers’ compensation. The employer has burden of proof that the drug testing conducted complies with Labor regulations. Violations of any provisions may result to civil penalties amounting to $500 up to $2,000 or criminal penalties of up to $1,000, imprisonment of up to six months or both.

10 Things to Know To Pass A Drug Test In Vermont

1) Legal Stand

An employer who wishes to direct employees to drug testing may do so under the legal guidelines provided by the state. Vermont state law provides detailed guidelines for employee drug testing and disallows any drug testing outside the legal gamut.

2) Consequence

Initial screen results are to be certified by a federally approved laboratory. In case this is a first time for the individual, there is a reference to a licensed Substance Abuse Professional to provide a second chance. A first time fault is not permitted to lead to termination.

3) Policy

A written and appropriately communicated policy is deemed necessary by law.

4) Drugs Specified

The law provides a detailed list of Schedule 1 and other specified drugs and alcohol. All drug tests are prohibited except the ones permitted by law.

5) Procedure

Only certified collectors and state approved laboratories may be utilized for the purpose of drug testing. The law covers any body fluid taken as a sample for detecting the presence of a regulated drug. It primarily covers urine analysis. In case the test covers only urine analysis, the individual may request a blood sample drawn on his/ her own expense. The laboratory is directed to provide all results to the Medical Review Officer who in turn analyzes the results. The MRO will provide the results to the employees and only provide positive results to the employer. The collector is responsible to retain a portion of the sample for retest after a period of 90 days. Confidentiality is strictly court ordered or by donor consent. The sample collectors are required to be certified and re-certified every three years.

6) Violation

An employer who violates the law is subject to civil and criminal proceedings. The civil penalty ranges from $500 to $2000 and the criminal penalty ranges from $500 to $1000.

7) Timing

An employer can request an applicant to appear for a drug test only after making a valid offer of employment. The applicant must be provided a written notice about the types of drugs that will be checked for. The notice must clearly state that medically prescribed drugs within acceptable limits will not be reported. Random tests are prohibited unless there is a probable cause of intoxication at the time of an event.

8) Costs

The law specifies that the cost is to be borne by the employer. The employer is required to inform the employee of the opportunity to independently test of a positive result for a substance at the cost of the employer.

9) Notice

A written notice must be provided to job applicants with information pertaining to the tests that are being conducted, the limitations accepted (e.g., treatment of prescribed drug under medical supervision) and the freedom to exercise independent test options.

10) Individuals covered

The law allows employers to direct employees and job applicants for substance abuse testing. Public employers are also covered by the law.

PASS A DRUG TEST IN VERMONT