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Drug Testing in Puerto Rico

Filed under Office & HR.

Drug testing by employers in Puerto Rico is governed by these state rules.

Employers in Puerto Rico may establish a testing program for the detection of controlled substances to promote the health and welfare of its employees, through random selection methods, chosen objectively.

Employees or candidates for employment in Puerto Rico are required to submit to mandatory drug tests if they are:

  • working in the gunsmith business
  • controlling or driving a railroad train, a motor vehicle used to transport passengers regardless of its capacity, any motor vehicle used to haul cargo on any public road, or any vehicle used to transport passengers or cargo by air or water
  • security guards
  • handling and controlling drugs and controlled substances, explosives, gases, dangerous, inflammable, radioactive, toxic, high voltage materials, or similar substances

Employers may require all other employees to submit to drug testing as a condition of continuing their employment under the following, among other, circumstances:

  • when an accident occurs in the workplace, attributable to the employee, in connection with his or her functions and during working hours
  • when there is reasonable individualized suspicion that the employee is using controlled substances (the test must be performed within 24 hours)
  • as a precondition for recruitment and as part of a general physical/medical examination required from all candidates for employment

If an employee is admitted to a rehabilitation program in the course of his or her work, an employer may require the employee to submit to follow-up tests as needed.

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