Federal & State Regulations | Drug testing - New Hampshire

State Info

Summary of differences between federal and state regulations

Unemployment compensation
New Hampshire’s unemployment compensation law provides that an employee who has been discharged for intoxication or for use of a controlled drug, to the degree that it seriously hampered or interfered with their work, is not eligible for benefits.

Workers’ compensation
New Hampshire’s workers’ compensation law provides that an employer is not liable for any injury to a worker which is caused in whole or in part by the intoxication (from drugs or alcohol) of the employee. The intoxication defense does not apply if the employer knew that the employee was intoxicated.

Deduction for medical exams
Employers may not deduct the cost of medical exams or records required by the employer from the employee’s wages.

State

Contacts

Workers’ compensation
New Hampshire Department of Labor

Regulations

Unemployment compensation
New Hampshire Revised Statutes Title XXIII, Chapter 282-A, §282-A:34

Workers’ compensation
New Hampshire Revised Statutes Title XXIII, Chapter 281-A, §§ 281-A:14

Federal

Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.

Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.

Contacts

Drug testing rules

U.S. Department of Transportation

U.S. Department of Labor

Regulations

DOT drug testing rules

49 CFR Part 40

49 CFR Part 382

Drug-Free Workplace Act of 1988

United States Code at 41 U.S.C. 81

29 CFR 1904.36

Guidance document