Employers residing in Montana are authorized to implement employment drug testing for jobs that are in hazardous environments, that involve public safety, or if there is reasonable suspicion of substance abuse. Under these circumstances, as long as they issue a written notice of their drug testing procedures and inform their employees of their test results, the employer has the right to mandate drug-testing on their employees and job applicants. Written notice must be given at least 60 days before conducting tests. If the employer plans to enact disciplinary measures based on a test that comes back positive, they must give the subject an opportunity either to explain themselves or to question the result.

Is Certified Testing Required? Yes.
Can Current Employees Be Tested? Yes; for employees who work in hazardous environments, whose work involves public safety, or if there is reasonable suspicion of substance abuse, drug testing is permitted.

Laws – §39-2-207 to 211

What can be Tested? Urine or oral fluid; breath for alcohol.

HOW TO CONDUCT A LEGAL DRUG TEST

Step 1 – Once the employee has been given 60 days advance notice of their employer’s drug testing policy, they must fill out a Drug Test Release Form and return it to their employer in order to give the required written permission. A physical test sample may then be taken from the employee in order to test them for indicators of drug/alcohol use.

Step 2 – Samples must be tested by a certified laboratory. A complete list of certified drug/alcohol testing labs can be found on the Substance Abuse and Mental Health Association’s (SAMHSA) website.

Step 3 – The employer is required to inform their employee of what their result is once the test has been completed. In the case of a positive test result, an employee must be given the opportunity to contest or to explain the result.