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South Dakota Drug Testing Compliance

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South Dakota

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make South Dakota drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state. South Dakota is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways. 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 drug and alcohol testing in South Dakota.

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 South Dakota.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Schedule I or II drugs for denying workers’ compensation claims.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: There are no requirements or restrictions, but we strongly encourage utilizing a certified laboratory for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

South Dakota Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing, and no known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry. There are approximately forty years of testing experience in this country to assist you in that effort.

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 South Dakota?

Correct!

 

Answer is “Yes”

There are no limitations for drug and alcohol testing in South Dakota.

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:

South Dakota 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.

South Dakota personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: Patients must obtain a registration card from the state department of health. Cardholders may possess 3oz or less of marijuana. Under measure 26 it requires employers to accommodate employees who use medical marijuana. However, Amendment A states that employers may restrict the use of marijuana in the workplace or discipline employees who are under the influence during work hours. This would also mean the start of an employee’s shift.

Personal Use: Under Amendment, A legalizes the possession, use, and distribution of marijuana for adults ages 21 and older. They can possess or distribute 10oz or less of marijuana.

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

No known court cases.

N/A

N/A

N/A

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