Connecticut State Drug Testing Laws
Workplace Drug Testing Issues – Connecticut State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Connecticut
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
Restrictions |
Non-negative tests must be confirmed at a laboratory. |
| Drug Panels |
No Restrictions |
Recommend following SAMHSA guidelines |
| Laboratory |
Restrictions |
Recommend using SAMHSA-certified laboratories. |
| Medical Review Officer (MRO) |
Not required |
The use of MRO is highly recommended to avoid liability in your drug testing program. |
| Random Testing |
Restrictions |
Random testing only allowed for State designated safety-sensitive occupations or employees voluntarily enrolled in EAP. |
| Post-Accident |
Restrictions |
Only with reasonable suspicion of drug or alcohol use. Recommend a trained supervisor making determinations. |
| Reasonable Suspicion |
No Restrictions |
Document carefully |
| Oral Fluids |
No Restrictions |
|
| Hair Testing |
No Restrictions |
Comments |
| Unemployment Denial |
Yes, address in company policy. |
Employer not charged for benefits when employee violated employer's drug-testing policy (established by state or federal law). |
| Workers Comp Discount |
No |
|
| Intoxication Defense |
Yes, available |
Sec. 31-275 u2026 (C) In the case of an accidental injury, a disability, or a death due to the use of alcohol or narcotic drugs shall not be construed to be a compensable injury; |
| Medical Marijuana |
Yes |
PALLIATIVE USE OF MARIJUANA, HB 5389. Employers can act if the individual used or was under the influence of marijuana at work. |
| Recreational Marijuana |
No |
|
| Report Driver DOT Positives |
No |
Comments |
| General Statute |
|
There are many restrictions on employee drug testing. See Connecticut Department of Labor SECTIONS 31-51t THROUGH 31-51aarnrn. |
Medical Marijuana in Connecticut - This is a State with specific employee protection - Conn. Gen. Stat. §21a-408 et seq.; Dept. of Consumer Protection Reg. §21a-408-1 et seq. Connecticut employment protections included:
- Prohibits refusing to hire, discharging, penalizing, or threatening employee solely based on person's medical marijuana status as qualifying patient or primary caregiver
- Allow discipline based on marijuana use or impairment on the clock.
Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication against a compensation claim. State laws' intoxication defenses generally fall into one of three rough categories: reasons 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 attorney when you have a positive post-accident test after an injury.
Sec. 31-275
PALLIATIVE USE OF MARIJUANA, HB 5389.
SECTIONS 31-51t THROUGH 31-51aa
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State
and local law vary 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.
View Individual State Law Summaries
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