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Drug-Free Workplace Policy and Program Template

Massachusetts Drug Testing Laws and Regulations

State: Massachusetts
Massachusetts Drug Testing Law:

Unlike most states, Massachusetts has very defined laws regarding employment and pre-employment drug testing laws. Although it encourages employers to establish drug-free workplace policy, it does not give discounts or incentives. Massachusetts drug testing and alcohol testing for employees and prospective employees are governed by the rulings promulgated by the State Supreme Court. The federal laws regarding drugs and other illicit substances are also implemented. However, if employers seek to adopt a drug-free workplace program, they must comply with the requirements of the federal drug-free workplace act. The use of medical marijuana is legal in the State of Massachusetts. But this does not hinder employers to implement their own drug and alcohol policies.

Statute of Order:

There are no specific statutes governing drug and alcohol testing in the State of Massachusetts. However, the State Supreme Court established some very specific limitations. Federal laws on illegal substances testing also apply.

Covered Employers:

All employers who wish to apply for federal grants are free to establish drug-free workplace policy.

Employer Compliance:

Employers who are covered by the federal grant for establishing drug-free workplace policy must implement drug and alcohol testing in accordance with the approved procedure.

Employers, who do not have drug-free workplace program, are bound by the laws of the state and the orders issued by the State Supreme Court.

Applicant Testing:

Permissible only after a job offer has been made. A positive result will give employers the right to withdraw the job offer.

Employee Testing:

Random testing is allowed by law for workers holding safety-sensitive positions. This is for the protection of the workers and of the employers’ business interests.

Conditions and Methods:

Employers with a Drug-Free Workplace Program must conduct testing procedure in accordance with the provisions of the Drug-Free Workplace Act.

Other employers must abide by the State Supreme Court’s guidelines and other state laws in order to avoid litigation issues.

Important Bulletpoints:
  • Generally, drug testing is allowed for occasions of post accidents or for probable cause. Random drug testing is limited only to safety-sensitive positions according to a State Supreme Court decision.
  • A Massachusetts statute require that the costs incurred by a job applicant or employee for medical examinations required by the employer as a condition for new or continuing employment shall be reimbursed by the employer.
  • Drivers of commercial motor vehicles in Massachusetts are expected to undergo alcohol and drug testing when requested by a law enforcement officer for probable cause. Refusal to submit to alcohol or drug testing or a positive test result may disqualify the driver from operating a commercial motor vehicle for a period of 1 to 3 years. Succeeding infractions will result in being banned to drive a commercial motor vehicle for life.
  • Tank vessel owners and operators are required to have policies and procedures for alcohol and drug testing to ensure that their employees on duty are not under the influence of drugs and alcohol while within territorial waters of Massachusetts.
  • Workers’ compensation and unemployment benefits may be denied of an employee for deliberate misconduct in violation of the employer’s standard rules or enforced policy. For such purposes, a drug free workplace policy may be needed.
    		•
    Medical Marijuana Law: An Initiative Petition for a Law for the Humanitarian Medical Use of Marijuana Petition Number 11-11
    Applicability: The Massachusetts Medical Marijuana Ballot initiative passed (63% voted in favor) and was effective as of January 1, 2013.
    Quantity Allowed: Amount permitted for 60-day supply to be considered by Department of Public Health within 120-days of the law’s effective date.
    How Obtained: Through “Treatment Centers” cultivation/growing by exceptions for patient and caregivers.
    Liability Protections: Protection for qualifying patients, caregivers, physicians and health care professionals, and “Dispensary Agents.”
    Statutory Requirements for Authorized Use: Written certificate from doctor/bona fide relationship with the patient and full patient assessment required. Registration card required – issued by the Department of Public Health.
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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 Global Business Support System Inc. DBA TestCountry.

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