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Summary of differences between federal and state regulations
Drug testing law
Vermont’s drug and alcohol testing law applies to private and public employers. It significantly restricts workplace drug testing.
Pre-employment testing is permitted provided that the applicant has been given a conditional offer of employment and prior written notice of the testing procedures and drugs to be tested for.
For-cause testing of employees is permitted if the employer has probable cause to believe that an employee is under the influence while on the job.
Employees testing positive must be given the opportunity to participate in an Employee Assistance Program. The employee may not be terminated for a positive test if the employee agrees to participate in and successfully completes the EAP. A second positive test after completion of an EAP is grounds for termination.
The law also includes comprehensive requirements relating to drug testing procedures. “Drug” means a drug listed or classified by the U.S. Drug Enforcement Administration as a Schedule I drug, or its metabolites, and alcohol.
Workers’ compensation
Benefits are not allowed for injury caused by or during an employee’s intoxication. The burden of proof lies with the employer.
State
Contacts
Department of Labor & Industry—Workers' Compensation Division
Regulations
Drug testing law
Vermont Statutes Title 21, Chapter 5, Subchapter 11, §511-520
Workers’ compensation
Vermont Statutes Title 21, Chapter 9, §649
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
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
Guidance document