South Dakota State Drug Testing Laws
Workplace drug testing issues – State Laws – South Dakota
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 South Dakota
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No restrictions |
|
| Drug Panels |
No restrictions |
|
| Laboratory |
No restrictions |
SAMHSA-certified labs are always recommended. |
| Medical Review Officer |
No restrictions |
MRO review of drug tests is always recommended. |
| Random Testing |
No restrictions |
|
| Post-Accident |
Restrictions |
Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident. |
| Reasonable Suspicion |
No restrictions |
|
| Oral Fluids |
No restrictions |
|
| Hair Testing |
No restrictions |
|
| Unemployment Denial |
Yes |
Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test. |
| Workers Comp Discount |
No |
|
| Intoxication Defense |
Yes |
Injury or death due to willful misconduct of employee not compensable. |
| Medical Marijuana |
No |
|
| Recreational Marijuana |
No |
|
| Report Driver DOT Positives |
No |
|
| General Statute |
|
South Dakota laws do not address workplace drug testing. |
|
Some companies may have employees regulated by the federal Department of Transportation, such as commercial drivers (CDL). Companies typically have separate policies for their DOT-regulated programs. These policies and procedures should always be based upon the DOT rules.
Intoxication Defense – Denial of Workers Compensation Claim – A Workers’ Compensation intoxication defense to a claim exists in South Dakota, but there is no rebuttable presumption of intoxication.
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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