Massachusetts State Drug Testing Laws
Workplace Drug Testing Issues – Massachusetts State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Deny Unemployment claims – Chapter 151A Section 25
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No restrictions |
|
| Drug Panels |
No restrictions |
|
| Laboratory |
No restrictions |
|
| Random Testing |
Restricted |
Limit to safety-sensitive or security-sensitive position. |
| Post-Accident |
Restrictions |
Massachusetts employers should only conduct post-accident drug testing when they believe the individual caused or contributed to the accident. |
| Reasonable Suspicion |
No restrictions |
|
| Oral Fluids |
No restrictions |
|
| Hair Testing |
No restrictions |
|
| Unemployment Denial |
Yes |
Chapter 151A Section 25 - Disqualification of benefits when the employee discharged for deliberate misconduct consisting of: (i) stealing from such employee's place of employment; (ii) illegal drug use while at work; or (iii) drunkenness while at work shall be determined to be ineligible for benefits without regard to whether or not the employer had a written policy against such conduct. |
| Workers Comp Discount |
No |
|
| Intoxication Defense |
Maybe |
No current statute or case law addressing Workers' Compensation/Denial after a positive drug or alcohol test after an accident. |
| Medical Marijuana |
Yes |
Nothing in the law requires any accommodation of any on-site medical use of marijuana in any place of employment. |
| Recreational Marijuana |
Yes |
Passed November 2016, the law does not affect employer's rights to enact and enforce workplace policies restricting the consumption of marijuana by employees. |
| Report Driver DOT Positives |
No |
|
| General Statute |
|
Massachusetts legislation does not address drug testing in private employment. Case law limits random testing - the validity of an employer's policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee's job responsibilities and the employer's interests. |
Regarding medical marijuana, Massachusetts is a state with explicit employee protection:
- there is nothing in this law that requires any accommodation of any on-site medical use of marijuana in any place of employment; (law silent on off-duty use)
- no punishment under state law for qualifying patients;" provides "protection from state prosecution and penalties
- any person meeting the requirements under this law shall not be penalized under Massachusetts law in any manner or denied any right or privilege for such actions
Intoxication Defense – Denial of Workers Compensation Claim - 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.
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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