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Drug-Free Workplace Policy and Program Template

Missouri Drug Testing Laws and Regulations

State: Missouri
Missouri Drug Testing Law:

The State of Missouri has a more relaxed legislation for drug and alcohol testing in the workplace. However, this does not mean that employers can indiscriminately test their workers for drug and alcohol impairment. The workers can press charges against employers who have violated their basic rights to privacy, anti-discrimination and others. Although the Missouri drug testing and alcohol testing procedures are not clearly defined, employers have to be very careful in implementing them. It will be beneficial for employers to also look into the rules of unemployment claims and other labor laws for guidance. On the part of the employees and prospective employees, it would be good to know your basic rights as individuals and citizens in order to protect yourselves from any forms of violation and discrimination.

Statute of Order:

No statute available but employers have the option to adopt a Drug-Free Workplace Program.

Covered Employers:

Not specified by Missouri statutes, with the exemption for employers involved in transportation services to school children and minors.

Employer Compliance:

Voluntary under Drug-Free Workplace Act
Applicant Testing:

Permissible subject to the provisions of employer policy, in compliance with the Drug-Free Workplace Act.

Employee Testing:

Recommended for employees handling safety-sensitive work.

Conditions and Methods:
  • Drug and alcohol testing for school bus drivers is mandatory under the Missouri Drug and Alcohol testing guidelines.
  • Employers who voluntarily adopt a drug-free workplace program must implement the program in accordance with the federal state law.
Important Bulletpoints:
  • For purposes of administering workers’ compensation and unemployment benefits the employer’s written alcohol and controlled substance workplace policy may be required. The policy must clearly state that a positive test result may be grounds for misconduct which would result in suspension or termination of employment.
  • An employer’s testing policy may include pre-employment testing as well as random, post-accident and reasonable suspicion testing subject to provisions of applicable collective bargaining agreement.
  • Confirmation tests may be requested by the employee at his or her expense. Costs of initial alcohol or drug test required by employer are to be assumed by the employer.
  • Specimen collection shall be in accordance to Department of Transportation procedures and are to be tested only by a laboratory duly certified by the Department of Health and Human Services.
  • Employees in violation of their employer’s drug-free workplace policy may be subject to a 50% reduction or complete forfeiture of workers’ compensation benefits. Unemployment benefits may also be adversely affected due to misconduct as a result of a positive test result or refusal to test.
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    Medical Marijuana Law:

    The Missouri Marijuana Legalization and Regulation Initiative (2012) did not make enough votes to become a law. However, there is a growing interest in the benefits of medical marijuana to alleviate some medical conditions.

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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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