Montana Company Drug Policy

Name: Montana Company Drug Policy
Brand: US Legal Forms
Rating: 4.77 (421 reviews)

Category:

Employment - Workplace Safety

State:

Multi-State

Control #:

US-FR-S-1

Format:

Instant download

Description

Policy for regarding Drugs in the workplace.

How to fill out Montana Company Drug Policy?

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FAQ

In Montana it is unlawful for an employer to fire you in certain circumstances, such as: You were fired because you refused to violate public policy, or reported a violation of public policy, You had finished your probationary period and your employer did not have good cause to fire you.

In Montana, drug testing is only authorized for applicants of the following types of jobs: hazardous workplaces, intrastate driving, fiduciary responsibility, and public safety or security. In those cases, employers must follow the Department of Transportation (DOT) 49 Code of Federal Regulations, part 40.

The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.

Unlike the vast majority of states, Montana does not adhere to the doctrine of employment at will. Montana enacted the Wrongful Discharge From Employment Act (WDFEA) to balance the need to protect employees from wrongful terminations with an employer's need for protection from employee poor performance or bad behavior.

Walmart does not conduct pre-employment drug testing. However, you may go through a background check and required to submit a drug test during your employment.

Montana is not an at will state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.

Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.

No person can be forced to provide a sample of urine, hair, saliva or blood for any purpose. However, if a person has a contractual obligation to provide a sample, and refuses to do it, courts have ruled that, in certain circumstances, that can be grounds for dismissal.

As long as it is written into the employment contact, a company is able to test all or some of their employees on a random basis.

49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.

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Section 4 ? Instructions for completing Form 36-0200 Alcohol/Drug Testingrequest under Montana's implied consent law, the administrative driver license ...10 pagesMissing: Company ? Must include: Company Section 4 ? Instructions for completing Form 36-0200 Alcohol/Drug Testingrequest under Montana's implied consent law, the administrative driver license ... At the option of Montana State University Billings, an employee or student violating this policy may be required to satisfactorily complete a drug abuse ...Job applicants or employees in positions such as airline pilots, bus drivers, railroad employees, taxi drivers, and truck drivers are regulated ... Employers can also decline to hire or take adverse employment action when acting on a good faith belief that an employee is violating workplace ... It is necessary for the employer to fill out the required First Report of InjuryIf you are a drug free workplace, post-accident drug testing must be ... Prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while intoxicated by marijuana or ... The prescription was filled by a licensed pharmacist for the person in possession ofrequirements relating to workplace drug/alcohol testing: Montana, ... Montana is a ?mandatory? state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state ... US Drug Test Centers offers drug and alcohol testing in Baker, Montana.be involved in a workplace accident, and five times more likely to file workers' ... 2000 · ?Labor laws and legislationAmong these measures are laws in Oregon and Tennesamended to significantlythe disclosure of information in the file . lation in several States .

Montana Company Drug Policy

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How to fill out Montana Company Drug Policy?

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FAQ

Can you be fired in Montana?

Can you drug test employees in Montana?

Can you refuse drug test at workplace?

Why is Montana not an at-will state?

Does Walmart drug test in Montana?

Is Montana an at will state?

Can a workplace legally drug test you?

Can employees be forced to take a drug test?

Can an employer drug test you everyday?

Which key content areas does 49 CFR Part 40 cover?

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