Drug testing - Connecticut

Testing of certain drivers, operators
Connecticut law mirrors federal law in providing for the testing of drivers of commercial motor vehicles and some mechanics and forklift operators.

Employers of drivers of commercial motor vehicles operating in intrastate commerce must require drivers to submit to drug testing provided by federal law. Testing may also be required of drivers of motor vehicles with a gross vehicle weight rating of ten thousand and one pounds or more but not more than twenty-six thousand pounds, a mechanic who repairs such vehicles, or a forklift operator. In both cases, testing is to be conducted under applicable federal laws.

Employee drug testing

An employer may prohibit the use of intoxicating substances during work hours and may discipline an employee for being under the influence of intoxicating substances during work hours. Specific requirements must be followed if an employer wishes to take action based on a positive test for recreational marijuana.

Written notification for job applicants

Job applicants may be tested if they receive prior written notification when they apply. An employer who wishes to have the right to rescind a conditional offer of employment based on a positive test for recreational marijuana must have a policy that states it will take adverse action based on recreational marijuana use and make this policy available to applicants at the time a job offer is made.

Applicants must be given a copy of any positive urinalysis drug test result.

Reasonable suspicion and random testing

Employers may test because of reasonable suspicion that an employee is under the influence of drugs or alcohol which could adversely affect job performance.

Employers may drug test randomly only where required by federal law or when an employee is in a safety-sensitive or high-risk position; regulations adopted by the Labor Commissioner designate safety-sensitive and high-risk occupations.

Random testing is also allowed when conducted as part of an employee assistance program in which an employee voluntarily participates.

An employer may take action based on a positive test for recreational marijuana use if the employer has a policy prohibiting such use. A policy is not required if:

• An employer is taking action on the basis of a reasonable suspicion test for marijuana,
• The employer is exempt from the policy requirement, or
• An employee is in a position that is excluded from protections for recreational marijuana use.

Testing methodology

A urinalysis test must use reliable methodology and a positive test must be confirmed by a second test that meets technical standards.

An employer may not use a positive urinalysis drug test result to determine an employee’s eligibility for promotion, additional compensation, transfer, termination, discipline, or other adverse action unless the test uses reliable methodology. In addition, a positive urinalysis test must be confirmed by a second urinalysis drug test that meets technical standards.

Direct observation of an employee or prospective employee in the process of producing a urine specimen is prohibited.

Test types

A 2008 Superior Court decision held that saliva testing and hair testing do not violate the statue. A 2015 Superior Court decision held that Connecticut’s drug testing laws apply only to urinalysis drug tests. An employer was allowed to terminate an employee based on results of a hair analysis test.

Confidentiality

Test results must be kept confidential, and may not be disclosed to any person other than those with a need to know.

The results of a urinalysis drug test must be kept with other employee medical records and are subject to state privacy protections.

Workers’ compensation
Connecticut workers' compensation law provides that injury, disability or death due to use of alcohol or drugs is not a compensable injury. Benefits will be denied to employees who are disqualified from work following a positive drug or alcohol test.

Unemployment compensation
Workers will be disqualified if discharged or suspended due to being disqualified from performing work for which hired as a result of a drug or alcohol testing program mandated and conducted under state or federal law law.