Vermont Drug Testing Laws and Regulations

State:	Vermont

Statute of Order:	Vt. Stat. Ann. Tit. 21 §511 et seq.

Covered Employers:	Public and private employers.

Applicant Testing:	Applicant testing authorized with advance written notice to applicant, after conditional offer of employment has been made, and if test is part of preemployment physical.

Employee Testing:	Employee testing authorized as part of an employee assistance program or when there is probable cause for suspicion of substance abuse. Random testing prohibited. Employer may suspend employee who tests positive for period of rehabilitation, but may not discharge an employee who agrees to rehabilitation after first positive test.

Conditions & Methods:	Testing only by certified laboratory, documentation showing chain of custody, confirming test with part of original sample in case of positive findings, and opportunity for employee to explain findings.

Important Bulletpoints:	Employers in Vermont may not require employees or job applicants to pay for the costs of medical examination required by the employer for employment purposes. The administration of drug tests pursuant of a compliant workplace policy requires that the employer to designate a specimen collector who may be an in-house employee charged to collect specimens from job applicants, or a qualified non-employee for collecting specimens from current employees for drug testing based on probable cause. The employer must contract a certified medical review officer who shall review and evaluate all drug test results to ensure rule compliance, report the results of the test to the tested individual, provide an employee who tested positive with opportunity for retesting at an independent laboratory at the employee’s expense, and report only confirmed positive drug tests to the employer. Any injury due to the use of illegal drugs is not covered under workers’ compensation. The employer has burden of proof that the drug testing conducted complies with Labor regulations. Violations of any provisions may result to civil penalties amounting to $500 up to $2,000 or criminal penalties of up to $1,000, imprisonment of up to six months or both.

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Vermont Drug Testing Laws and Regulations

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