Drug Testing and Montana Law

There are many hoops prospective employees have to jump through to get a job, ranging from having a website to enduring multiple rounds of interviews.

One aspect of potential employment that many people consider when taking a new job is whether they’ll be subjected to a drug or alcohol test before employment and whether that’s allowed.

In Montana, drug and alcohol testing isn’t something the law requires employers to do. These tests are a choice by the employer; however, if they do choose to test their applicants, they must follow a specific set of procedures developed by the Department of Transportation.

Montana law also places some restrictions around who can be tested for drugs and alcohol before employment, saying the practice should be limited to jobs involving hazards, security, safety, or money.

Samples taken must also be urine, a breath test, or oral fluid they get from you in a “minimally invasive” and scientifically reliable manner. Testing must also be at the employer’s expense, and employees need to be compensated for their time while they are being tested.

If you have concerns about how you’ve been drug or alcohol tested, give our experienced attorneys at Terrazas Henkel, P.C. a call at 406-541-2500. Our team can answer your questions and help you understand the appropriate next steps.