In the absence of legal restrictions on implementing a drug-free workplace, the state of Massachusetts requires employees to comply with the company`s drug testing policies. The employee`s refusal to take a drug test is a reason to consider it equivalent to a positive test case and may provide the employer with a justification for taking disciplinary action against the employee. The information provided on this page is for your own knowledge and should not be used for legal matters. Please seek legal advice from a legal expert on legal advice for drug testing laws in your state. In Massachusetts, drug tests administered to employees and job seekers may look for illegal drugs, as well as alcohol and marijuana. This may include opioids, amphetamines, cocaine, steroids, phencyclidine (PCP) and barbiturates. In 1994, the Massachusetts Supreme Court considered the issue of drug testing in the private workplace. The court rejected the interests of the parties and ruled in favor of one employee but not the other based on the nature of the job responsibilities of the two employees involved. The Court clarified that Massachusetts employers do not have unlimited opportunities to interfere with their employees` privacy interests when it comes to random drug testing. Currently, there is no state law that allows or prohibits employers and educational agencies from testing teachers in Massachusetts. While neither the current legislation nor regulations address the rights of workers and employers related to recreational marijuana, and it is still too early for the courts to do so, employers likely have the right to fire an employee for recreational marijuana use, even if this consumption is out of service or off-site. To minimize the risk of an employee making a viable legal claim arising from a termination or withdrawal of a conditional job offer due to a positive drug test, employers should consider the following: If you are looking for information about drug testing related to a specific city in the state of Massachusetts, take a look at our clinics in Massachusetts. From there, you can select your city`s drug testing or DNA testing page to learn more.
Massachusetts is a « mandatory » state, meaning that any private employer who wishes to conduct drug and/or alcohol testing on unregulated workers in that state must do so under the Constitution, regulations, regulations, and court decisions. Personal use: Individuals who are at least 21 years of age may use, cultivate and possess marijuana. The measure allowed individuals to possess less than ten ounces of marijuana in their homes and less than an ounce in public. Individuals can also grow up to six marijuana plants in their homes. Employers are not required to place recreational marijuana users in the workplace. They may enforce addiction policies that restrict marijuana use by employees and applicants. Massachusetts employers may require employees to undergo drug testing in certain circumstances, but employers must meet certain legal criteria. Under federal and state anti-discrimination laws based on disability (Americans with Disabilities Act and Chapter 151B), an employer may be permitted to require an applicant to be tested for illicit drugs after offering them employment if the test is relevant to the employee`s ability to perform the job and applies equally to all employees in the same job category. After an employee is hired, any drug testing must be job-related and consistent with the needs of the business. Because marijuana is illegal for federal purposes but legal under state law, it`s unclear whether Massachusetts employers are allowed to test marijuana, even though they can test other drugs. However, if there is a specific federal requirement to test for marijuana, such as for truck drivers, federal law would apply.
Massachusetts` rules do not stem from a law specifically designed to restrict drug testing in the workplace. Such a law does not exist in Massachusetts. Instead, Massachusetts` rules come from related court decisions. An employer`s drug testing program must also take into account employees` privacy rights. An employer`s business interests (such as the safety of its employees and the protection of company property) must be balanced on a case-by-case basis against the employee`s interest in privacy. In Webster v. Motorola, the Supreme Court, ruled that an employer could randomly test a salesperson because he had to drive a company car to get to work, and the employer had an interest in ensuring that the employee was not driving while impaired by drugs or alcohol. However, the same random testing program was not legally applied to a technical writer whose work did not have the same security concerns. Specific workplace safety concerns, potential dangers to the public, and specific regulatory requirements increase the likelihood that a testing program will be deemed valid under Massachusetts Privacy Law.
This overview is designed to introduce you to the nature and history of drug testing rules in the state workplace and provide you with a basic understanding of the compliance issues you may face when testing in Massachusetts. The following information about Massachusetts workplace drug testing laws does not apply to state employers who conduct DOT regulated drug testing. All government employers should conduct additional research to ensure compliance with relevant workplace drug testing laws. There are very few protections for recreational marijuana use. While some states have laws that protect employees for their recreational use of marijuana recreationally outside the workplace, Massachusetts does not have such a law; In fact, the Recreational Marijuana Act, in its current form, does not explicitly require employers to consider recreational marijuana use.
