Employers in New Hampshire may conduct employment drug testing without restriction, as long as they do not infringe on their employee’s lawful rights. To avoid litigation, employment drug testing should not be, in any way, discriminatory, invasive, or defamatory in its policy or implementation. Although there are no legal restrictions on drug testing, the employer is required to pay for any costs associated with drug testing.

Laws – This state has no statute regarding employment drug testing.

Can Current Employees Be Tested? Yes.

Is Certified Testing Required? No.

What can be Tested? No restrictions.

How To Conduct a Legal Drug Test

Step 1 – In order to conduct a drug test, a physical sample must be procured from the employee (breath, blood, urine, etc.). If the employer wishes to have their employee’s written permission, they should have that employee fill out the Drug Test Release Form before taking a sample.

Step 2 – Once the sample has been taken, it will need to be sent to a laboratory for testing. A list of certified drug/alcohol testing labs is provided on the Substance Abuse and Mental Health Association’s (SAMHSA) website.

Step 3 – Upon receiving the test results, in the case of a positive result, the employer may take whichever legal disciplinary course of action they deem necessary in regards to their employee.