{"id":51127,"date":"2016-08-09T17:37:15","date_gmt":"2016-08-09T17:37:15","guid":{"rendered":"https:\/\/www.nationaldrugscreening.com\/?p=51127"},"modified":"2022-12-01T13:14:37","modified_gmt":"2022-12-01T18:14:37","slug":"massachusetts-laws-on-drug-testing","status":"publish","type":"post","link":"https:\/\/www.nationaldrugscreening.com\/blogs\/massachusetts-laws-on-drug-testing\/","title":{"rendered":"Massachusetts Laws on Drug Testing"},"content":{"rendered":"\n

There are no laws in Massachusetts restricting or prohibiting drug testing<\/strong>. Massachusetts is a \u201cmandatory\u201d state, which means any private employer wishing to conduct drug and\/or alcohol testing of non-regulated employees<\/strong><\/a> within this state must do so according to the Constitution, statutes, regulations and court decisions that apply. (The rules)<\/p>\n\n\n\n

The rules in Massachusetts do not derive from a statute specifically directed at limiting workplace drug testing. No such statute exists in Massachusetts. Instead, Massachusetts\u2019s rules stem from related court decisions.<\/p>\n\n\n\n

Massachusetts has a narrow privacy law which can impact workplace drug testing.  Court decisions also have been decided regarding privacy issues that can also impact workplace drug testing.<\/p>\n\n\n\n

The impact mentioned is with random testing.  This would not affect DOT required random drug testing<\/strong><\/a>. Case law in Massachusetts suggests that workplace random drug testing in Massachusetts should be limited to safety-sensitive workers or other circumstances in which the employer can show a legitimate business necessity.<\/p>\n\n\n\n

A case in 1994 with Motorola, Inc ruled that random testing should be limited to workers in safety-sensitive positions with reference to the Massachusetts Privacy Act. Another case in 1994 with Tech Tool Grinding & Supply, Inc. ruled in favor of the employer’s concern for safety in the workplace vs. the employee’s expectation of privacy.<\/p>\n\n\n\n

We see the court rulings in Massachusetts balancing the employee\u2019s rights to privacy with the employer\u2019s concern for safety or a legitimate business necessity.  The Massachusetts Supreme Judicial Court has made it fairly clear that private employers in this state can require drug and\/or alcohol tests if in balance with safety as a priority. Absent a clear safety issue testing is limited to cases where there is reasonable suspicion of drug or alcohol use or possible impairment.<\/p>\n\n\n\n

Unemployment claims can be denied when an employee is terminated based on a positive drug or alcohol test.  Illegal drug use while at work or drunkenness while at work shall be considered deliberate misconduct.  The discharged employee shall be ineligible for benefits without regard to whether or not the employer had a written policy against such conduct.  Note that the written policy is highly recommended.<\/p>\n\n\n\n

Medical Marijuana in the Workplace<\/a><\/strong>: The law states that \u201cNothing in this law requires any accommodation of any on-site medical use of marijuana in any place of employment, school bus or on school grounds, in any youth center, in any correctional facility, or of smoking medical marijuana in any public place.\u201d  DOT testing prohibits marijuana use period, no exceptions.<\/p>\n\n\n\n