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Drug testing by employers in Montana is governed by these state rules.
Each of the following activities is permissible in the implementation of a qualified drug or alcohol testing program:
An employer must provide an employee who has been tested under any qualified testing program described above with a copy of the test report. The employer is also required to obtain, at the employee's request, an additional test of the urine split sample by an independent lab selected by the person tested. The employer must pay for the additional tests if the additional test results are negative, and the employee must pay for them if the additional test results are positive. The employee must be provided the opportunity to rebut or explain the results of any test.
No adverse action, including follow-up testing, may be taken by an employer if an employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee's record and destroyed.
Qualified testing programs must meet other procedural requirements imposed by the law. The definition of a sample in Montana's Workforce Drug and Alcohol Testing Act includes a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol.
Testing procedures for samples covered by federal regulations must conform to those federal regulations. For samples not covered by federal regulations, the qualified testing program must contain a chain of custody and other procedural requirements that are at least as stringent as the requirements under federal regulations and testing methodology must be cleared by the federal Food and Drug Administration.