South Dakota Drug Testing Laws and Regulations

State:	South Dakota

Statute of Order:	S. Dak. Cod. Laws Ann. §23-3-64

Covered Employers:	State government.

Applicant Testing:	Testing authorized of applicants for safety- sensitive state jobs after offer of employment, but public announcements and advertisements must carry notice of drug-testing requirements.

Employee Testing:	Testing authorized of state employees holding safety-sensitive jobs if there is reasonable suspicion of substance abuse.

Conditions & Methods:	Availability of test findings to applicants and employees on written request and methods to ensure confidentiality of test findings.

Important Bulletpoints:	In the State of South Dakota, drug dealer liability is legislated wherein employers may bring action to economic, non-economic, and exemplary damages as well as legal fees against drug dealers who directly or otherwise participated in the illegal drug market that brought an employee to possession and use of drugs. South Dakota’s Bureau of Personnel implements a drug screening program for applicants and employees of particular State facilities that provide patient or resident care or supervision. For current employees the screening may be conducted only on the basis of reasonable suspicion of illegal drug use. Employers must pay for the cost of drug testing that they require of their employees. To compel an employee to pay for the cost of a medical examination required by the employer as a condition for employment is a Class 2 misdemeanor in South Dakota. The definition for willful misconduct includes intentional intoxication, the use of illegal drugs, or failure or refusal to perform a duty required. An employee’s Injury or death due to willful misconduct is not compensable as per provisions under workers’ compensation.

Get Your Free Information Pack Today!

<< List of States

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.

South Dakota Drug Testing Laws and Regulations

Testimonials