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Drug-Free Workplace Policy and Program Template

Connecticut Drug Testing Laws and Regulations

State: Connecticut
Statute of Order: Conn. Gen. Stat. §31-51t et seq., §14-261a et seq., §14-276a
Covered Employers: All private employers.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Former employees may not be tested unless they have been away from the job for at least 12 months. Testing required to certify school bus drivers.
Employee Testing: Testing authorized on reasonable suspicion of substance abuse; random testing authorized of employees in safety-sensitive jobs. Testing required for intrastate truck drivers after a reportable accident, upon reasonable cause, or at random under federal law. Discipline or discharge authorized for employees who test positive.
Conditions & Methods: Confirming test in case of positive findings, privacy for employee in collection of specimen, and confidentiality of test results.
Important Bulletpoints:
  • The State Labor Commissioner is tasked with setting which are high-risk and safety sensitive positions authorized for drug testing.
  • Random urinalysis drug testing may be permitted only on a per individual request basis which must then be approved by the State Labor Commissioner.
  • All testing must be conducted within certified testing laboratories only. Confirmation screening of an initial positive result is a requirement. The confirmatory urinalysis drug test must be done by another independent laboratory using gas chromatography and mass spectrometry methods.
  • Employees may be tested for evidence of substance abuse if the employee voluntarily agrees to participate in an employer sponsored or authorized employee assistance program.
  • Unemployment benefits and workers’ compensation benefits, which would otherwise be due to the employee, may be denied as a result of employee’s use of narcotics of for violating employer’s drug-testing policy.
  • Connecticut labor code dictates that collective bargaining agreement provisions must fully comply with existing laws.
  • Medical Marijuana Law: HB 5389 (Effective October 1, 2012) Regulations to be published.
    Applicability: Law applies to patient, guardian of patient, caregiver, dispensary producer and physician
    Quantity Allowed: Amount reasonable necessary to ensure the uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection. Specific amounts to be provided no later than 1/1/2013 by Department of Consumer Protection.
    How Obtained: Through Dispensaries and producers.
    Liability Protections: Qualifying patient, guardian and caregiver protected from arrest for possession, transportation, delivery or cultivation of Medical Marijuana if foregoing has a valid registration certificate from the Department of Consumer Protection – Validation is not to exceed one year. Law includes a restrictive and detailed provision that states that no employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person’s or employees status as a qualifying patient or caregiver. Some exceptions may apply.
    Statutory Requirements for Authorized Use: Valid registration certificate from the Department of Consumer Protection required for physician, patient, dispensary and producers.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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