New Hampshire Memo to All Employees Regarding Drug Testing
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FAQ
Although many states have passed laws regulating or restricting an employer's right to require drug testing, Massachusetts has not. Massachusetts legislation does not address drug testing in private employment. However, the Massachusetts Supreme Court has issued a ruling on random drug testing in private employment.
Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.
Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.
The state of New Hampshire has no drug testing laws and regulations.
Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
The state of New Hampshire has no drug testing laws and regulations. This means that an employer could or would not require potential employees to undergo pre-employment drug testing.
No. Whilst you can be stopped at random by a police officer, they cannot require you take a roadside drink or drugs test without first having reasonable cause to suspect the you, the driver, of having consumed alcohol, drugs or committing a traffic offence when the vehicle was moving.
Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
