Workplace Drug Testing Laws in New Hampshire
There are no workplace drug testing laws in New Hampshire, but employers are required to follow federal employment drug testing laws when applicable.
Federal employee drug testing laws allow employers to maintain a drug-free workplace, while protecting the rights of the employees.
The Drug-Free Workplace Act of 1988. (41 U.S.C. §8101 et. seq.) targets substance abuse in the workplace. Employers must develop a drug-free workplace policy. The policy must state that controlled substances are prohibited and the actions taken against someone who violates the policy. Every employee must receive a written copy of the policy.
Other federal laws protect the employees from discrimination, defamation, wrongful discharge, and the invasion of privacy.
New Hampshire employers must familiarize themselves with these laws prior to developing workplace policies.
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New Hampshire Drug Testing Compliance
New Hampshire Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Recreational marijuana is illegal in New Hampshire and there are no restrictions on drug testing for marijuana. |
| Instant or POCT Testing | Workplace drug testing laws in New Hampshire do not prohibit instant or POCT testing. |
| Random Testing | There are no restrictions on random drug testing in New Hampshire. Employees in safety-sensitive positions may be required to take part in a random drug and alcohol screening program. |
| Specimens Tested | Employee drug testing laws in New Hampshire do not regulate specimens tested. |
| Substances Screened | New Hampshire drug testing legislation does not specify substances screened. |
| Laboratories | Certified laboratories are neither recommended nor recommended for New Hampshire drug testing compliance. |
| Testing for Alcohol | Alcohol testing is not prohibited under workplace drug testing laws in New Hampshire. |
Conditional New Hampshire Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Medical Marijuana |
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Employers in New Hampshire are not required to accommodate the use of medical marijuana in the workplace.
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Employers can discipline employees for the use of medical marijuana in the workplace, or for being at work while under the influence of marijuana.
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Drug testing is performed before hire and during employment for safety-sensitive positions.
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| Workers Comp |
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The employer is not liable for any accident or injury if the employee was under the influence of drugs or alcohol at the time of the incident.
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Employers are liable for accidents and injuries if they were aware the employee was intoxicated.
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Frequently Asked Questions
What does New Hampshire drug test for?
Workplace drug testing laws in New Hampshire do not regulate or restrict drug testing. Employers must develop clear workplace policies and provide employees with a written copy of the drug testing policy. Employers must still follow federal drug testing legislation.
Other Services We Provide in New Hampshire
If you're looking for drug testing information related to a specific city in the state of New Hampshire, try taking a look at our New Hampshire clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer New Hampshire Background Checks. For more information, visit our New Hampshire background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.