Drug Testing

Issue: Drug Testing in the Workplace

Vermont law bans drug testing in the workplace under some circumstances. Limited testing of applicants for employment is permitted, but only after the applicant has been offered a job and given notice of the intent to test. Company-wide and random drug testing is illegal in most Vermont workplaces. The Attorney General has the authority to seek civil or criminal penalties from employers who violate the drug testing law.

State law has no application to commercial driver’s license (CDL) related drug and alcohol testing. Only federal laws and regulations apply to CDL testing.

How do I:

• File a drug testing complaint against a private employer?
• Learn more about the Attorney General's <--a href="http://web.archive.org/web/20040304184519/http://www.atg.state.vt.us/display.php?pubsec=4&curdoc=181" -->Civil Rights Unit Investigative Process?<--/a-->

Law

Drug Testing Act, 21 V.S.A. §§511-520. (scroll down page for 511-520)

Other Resources

List of approved labs authorized by the Vermont Department of Health annually to conduct employee drug testing: http://www.state.vt.us/labind/Wagehour/druglabs.htm

U.S. Department of Labor “Working Partners” site with information on how to establish a drug-free workplace: http://www.dol.gov/dol/workingpartners.htm (Note: compliance with federal regulations will not guarantee compliance with Vermont state law.)

National Clearinghouse for Alcohol and Drug Information site with information for employees and employers regarding federal drug testing requirements: http://www.health.org/workplace/. (Note: Vermont requirements may be more restrictive.)

ACLU site with information regarding workplace drug testing and civil liberties: http://www.aclu.org/