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Connecticut Drug Testing Compliance

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Connecticut

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Connecticut drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Connecticut. Connecticut is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply. Connecticut’s drug testing law addresses urinalysis only. The law limits urinalysis testing to pre-employment when meeting certain conditions, reasonable suspicion and random testing. This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements for employer drug screening policies in Connecticut.
Q2: Please choose a reason for drug and alcohol testing:
Yes
Yes
Yes
Yes - Not permitted unless state authorized
Yes - Not permitted unless state authorized
Yes - Not allowed.
Yes - not allowed except in voluntary EAP.
Q3: Are there any state requirements for test methods?
A: Statute only addressed urinalysis, not hair, saliva, blood, or any other methods.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No
Q5: Are there any state requirements or limitations for specific notice of result?
A: Applicants must be notified in advance and receive written notice of positive results.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA or other certified lab.
Q7: What types of specimens can we test for?
A: Only urine testing is mentioned, though other specimens are not specifically prohibited. Oral fluid specifically permitted.
Q8: Are there restrictions for Alcohol Testing?
A: This is permitted.

Connecticut Drug & Alcohol Testing Laws

This law was originally enacted in 1987, making it among the oldest of such laws in the country. This law does not apply to state employers, testing of jai alai players, jai alai court judges, jockeys, harness drivers, or stewards participating in activities upon which pari-mutuel wagering is authorized.5 Alcohol testing procedures or testing by methods other than urinalysis are not discussed.

Drug testing in this state is prohibited unless carried out within the requirements of the law. This state has no specific policy requirements that you must put in place. However, it is strongly advised that you provide employees and supervisors with a written copy of the company’s rules of expected behavior.

Nonexempt employers are not part of the manufacturing and healthcare industry. All other employers may not prohibit the off-work use of marijuana or take adverse action against an employee or applicant for a positive test unless the employer has adopted employment policies that stipulate marijuana use. This also means that an employer may not take action against an employee or applicant of the user prior to applying for or working at a non-exempt employer.

As you read this information, keep in mind that a properly designed policy is one thing – procedures are quite another.

The law (Title 31, Ch. 557, Sec. 31-51t to 31-51aa.) prohibits drug testing except as specifically permitted. Testing is your choice but if you choose to do it, your program must be according to the law. Connecticut’s drug testing law focuses primarily on who may be tested, when those tests may take place, and how testing must be done.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Connecticut?

Answer is “No”.

In Connecticut employer can require a prospective employee to submit to a urinalysis drug test as part of the application procedure for employment ONLY if:

  • The prospective employee is informed in writing at the time of application of the employer’s intent to conduct such a drug test.
  • Such test is conducted in accordance with the requirements of the law, and
  • The prospective employee is given a copy of any positive urinalysis drug test result.

 

 Correct!

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Connecticut Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Connecticut personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: The use of marijuana for medical purposes has been authorized in Connecticut, and discipline for a positive test for medical marijuana patients is limited. Employers may not discriminate based on status as a medical marijuana user in Connecticut.

Personal Use: As of July 2021 governor ned Lamont signed into law that legalized recreational marijuana for anyone over the age of 21 years. The allowed amount to possess is up to 1.5 ounces. The retail sales are expected to begin a the end of 2022.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

State vs. Connecticut Employee Union Independent. 713, 142 A. 3d 1122

Employee was caught smoking marijuana on the job.

Employee was reinstated and did not violate public policy.

Need to have company substance abuse testing policy that is clear and completely informs employees what the rules are in the workplace. Follow (Sec. 31-51t to 31-51bb)

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