Vermont State Drug Testing Laws

Last Update on April 18, 2023

Workplace drug testing issues – State Laws – Vermont

Caution: Vermont employers wishing to conduct workplace drug testing must follow state rules. Policies and procedures are critical to a legally defensible drug testing program in Vermont. Drug testing has restrictions, the Statute allows only applicant and probable cause testing. Post accident drug testing in Vermont is prohibilted unless there is probavle cause of substance abuse.

January, 2018 – Vermont legislators pass recreational marijuana bill. The law restricts marijuana possession to adults over 21 years, and allows possession of one ounce of recreational marijuana with no criminal or civil penalties. Currently, workplace drug testing is not affected by the Vermont recreational marijuana law.

Important to Note: Vermont’s law requires a Medical Review Officer (MRO) to report all results to the donor and only positives to the employer – no employer obligation.

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Not Permitted	Neither Quest Diagnostics nor LabCorp perform instant testing at their drug testing centers in Vermont. Instant testing not permitted for employee drug testing.
Drug Panels	Limited Restriction	Drug listed are Amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene. Other drugs may be added through regulation.
Laboratory	Restricted	Lab must be approved by the Vermont Department of Health Public Health Laboratory. See List.
Medical Review Officer	Required	Required for both positive and negative results
Random Testing	Restricted	DOT or other Federal law only
Post-Accident	Limited	With probable cause of drug or alcohol use.
Reasonable Suspicion	Permitted	With probable cause of drug or alcohol use.
Oral Fluids	Restricted	Law defines specimens as urine, blood, breath and hair.
Hair Testing	Not Restricted
Unemployment Denial	Yes	Terminate for misconduct and address misconduct in the drug free workplace policy.
Workers Comp Discount	No
Intoxication Defense	Yes	In 2010 the Vermont Supreme Court concluded that under §649 the employer must establish the employee's intoxication was the 'proximate cause' of his or her injuries.
Medical Marijuana	Yes	The Vermont medical marijuana law states that the medical marijuana provisions do not require employers to accommodate medical marijuana use in the workplace.
Recreational Marijuana	Yes	Vermont's state legislature passed a bill on January 22, 2018 that legalizes possession of marijuana for recreational use. Workplace drug testing is not affected by the Vermont recreational marijuana law.
Report Driver DOT Positives	No
General Statute	--	Workplace drug testing statute chapter 5, subchapter 1, (21 VSA §511) related to private workplace drug testing in Vermont.

In Vermont, An employee who tests positive and agrees to enter the EAP or rehabilitation program may not be terminated.

Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication as a defense against a claim for compensation. State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Vermont

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Marijuana Laws for Vermont

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.

Vermont State Drug Testing Laws

Workplace drug testing issues – State Laws – Vermont

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