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Drug-Free Workplace Policy and Program Template

New Hampshire Drug Testing Laws and Regulations

State: New Hampshire
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • The costs of an employee’s medical examination required by the employer as a condition of employment shall not be made at the expense of the employee but rather shall be paid for by the employer.
  • As per the Model Drug Dealer Liability Act, an employer may bring an action for economic and non-economic damages, caused by an employee’s use of an illegal drug, against the person convicted of participating in the distribution of the illegal drug used by the employee.
  • Persons who were discharged from employment due to intoxication or use of controlled drugs are disqualified from receiving unemployment benefits.
  • With regards to workers’ compensation In cases of work related injuries, the employer will not be liable if the proximate cause of the injury is due to intoxication or by willful misconduct of the worker. However, if the employer has knowledge of the employee’s intoxication, the provision is no longer applicable. Intoxication as used in this context includes being under the influence of a controlled drug taken without proper prescription or not in accordance to the instructions of the drug.
  • New Hampshire Drug Testing Law:

    Have you been asked by a prospective employer or current employer in New Hampshire to undergo drug testing? Note that Federal law does not require or prohibit drug testing but it is required in employment relating to aviation, transportation, contractors with the Department of Defense and NASA. Generally, it is the local and state laws that dictate whether an employer has the right to test prospective employees and employees for drug use.

    New Hampshire has not passed any drug testing laws. This means that New Hampshire drug testing for employees is not required but employers have the option to require their employees to undergo New Hampshire drug testing but pay the cost of the tests.

    New Hampshire Drug Test Discrimination Law:

    The state of New Hampshire excludes employee discrimination based on disability where the term applies to mental or physical impairment that affects and limits a person’s activities. Under the ADA (Americans with Disabilities), an applicant or employee taking prescribed medication for his disability is not liable for a positive result on his drug test. This is true even if the substance is deemed illegal, as long as the medication was legitimately prescribed by a medical doctor. An applicant or employee turned down due to a positive New Hampshire drug test because of his disability has grounds for legal action against the employer.

    Under the American with Disabilities, alcohol dependency is a disability but drug dependency is not. Under the New Hampshire drug testing laws, employers are not required to provide their employees with substance abuse assistance or placement in a rehabilitation program.

    Discrimination applies to any employer who requires a particular group of employees, i.e. gender, age, race and creed, to undergo New Hampshire drug testing. An employer violates employee invasions of privacy if an applicant or employee is made to commit an indecent act in order to undergo drug testing in New Hampshire. If an employer knowingly announces a false positive drug result of an employee, he is liable for defamation.

    Under the ADA, the above stipulations apply to businesses with 15 and more employees.

    New Hampshire Drug Test Employer’s Rights :

    Under the Model Drug Dealer Liability Act, an employer could take non-economic or economic action against the person involved in the distribution of the illegal substance used by the employee. An employer is not required to provide unemployment benefits to an employee discharged from his job due to substance abuse. In the event of a work related injury, the employer is not required to pay the employee’s compensation if he is found under the influence of prohibited drugs but not when the employer knows that the said employee is using illegal drugs. This does not apply though to employees under legitimate prescription of controlled drugs.

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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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