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Vermont Drug Testing Compliance

Capital Montpelier Population 624,594
Largest city Burlington
Area 9,616 sq mi
Criminal rate 16 crimes /10,000 people Time Zone UTC −5/−4

Vermont Employee Background Check Laws

Vermont

Legal status for workplace drug screening and alcohol testing

Our intent is to make Vermont drug screening compliance as simple as possible you don’t have to be a constitutional law scholar to conduct workplace drug testing in the Green Mountain State.

Vermont is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations and court decision that apply. The law (Title 21, Ch. 5 511- 520) prohibits drug testing except as specifically permitted. Testing is your choice, but if you choose to do so, it must be according to the law.

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 Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: A written policy is recommended. Make a copy available for review, and get a signed acknowledgment from each employee that states they were provided a copy.
Q2: Please choose a reason for drug and alcohol testing:
Yes
Yes
Yes
Yes - Not Allowed.
Yes - Not Permitted.
Yes - Not allowed.
Yes - Not Allowed.
Q3: Are there any state requirements for test methods?
A: Test those applying for employment that have been given a conditional offer of employment or current employees when there is probable cause to believe they may have use or are under the influence of a prohibited substance on the job.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Schedule I drugs and others listed in the statute. Amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene.
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: At lab approved by Vermont Dept. of Health.
Q7: What types of specimens can we test for?
A: Urine or hair for drug testing/breath for alcohol testing/donor may request a blood sample be drawn at the time of the urine or breath collection.
Q8: Are there restrictions for Alcohol Testing?
A: Breath only; technician must be certified by state; BAC of 0.02 shall be reported as a positive; confirmation test required within 10-20 minutes after screen.

Did you know?

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

Correct!

 

Answer is “Yes”

Although, there are no real limitations, there are Vermont laws you need to be aware of.

Vermont Drug & Alcohol Testing Laws

Vermont’s drug testing law focuses primarily on who may be tested, when and how testing must be done, policy requirements and the consequences of any first time positive. This law was originally enacted in 1987, making it among the oldest such laws in the country. This law does not apply to employers conducting drug testing mandated by the federal Department of Transportation. This law defines drug as “a drug listed or classified by the U.S. Drug Enforcement Administration as a Schedule I drug, or its metabolites, and other drugs or metabolites likely to cause impairment” and alcohol. Specific alcohol testing procedures are not discussed.

Anyone testing positive the first time will not be terminated and will be referred for assistance to the Company’s EAP.
Anyone refusing to participate in counseling, failing to successfully complete counseling or with a second positive test result will be terminated.

It is advisable to have a company substance abuse testing policy that is clear and completely informs employees what the rules are of your workplace. When referring to medical marijuana use by employees in Vermont, it is suggested that you indicate your company will maintain a program in compliance with state law.

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)

Update: December 2017

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.

Vermont 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.

Vermont personal and medical use of marijuana.

Medical Use: In 2004 the Vermont Legislature passed SB 76/HB 645 authorizing the medical use of marijuana. This law does not interfere with this policy. The Company will follow state law in all instances. This law does not specifically limit employers in any way. In fact, the only provisions related to the workplace are those limiting the use of marijuana.

Personal Use: There is currently not a personal use law for marijuana in Vermont. However,
there may be changes to this soon.

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

Update: December 2017

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases at this time.

N/A

N/A

N/A

Update: December 2017

TO PAGETOP