Privacy Law Library

Workplace Drug Testing Law

VT Drug Testing Law

Employees · Health

Sharply limits workplace drug testing in Vermont. Applicants may be tested only after a conditional job offer and written notice. Employees may be tested only on probable cause and when a rehabilitation program is available, and random or company-wide testing is banned unless federal law requires it. Test results and related health information must be kept confidential.

Where
Vermont
Citation
21 V.S.A. §§ 511-520
Status
In force
In force since
1987-09-01
Enforced by
Courts (private actions); State civil and criminal enforcement
People can sue
Yes
Penalties
Aggrieved applicants or employees may sue for injunctive relief, damages, costs and attorney's fees, with the employer bearing the burden of proving compliance. Violators face State civil penalties of $500 to $2,000; knowing violations carry a fine of $500 to $1,000, up to six months in prison, or both (§ 519).
Applies to
  • Employers and employment agencies testing applicants or employees
  • Medical review officers and laboratories handling test results

Practices it requires

  • Test applicants only after a conditional offer of employment and written, non-waivable notice of the procedure and drugs tested.21 V.S.A. § 512(b)
  • Do not conduct random or company-wide drug tests unless federal law requires them; test individual employees only on probable cause with a rehabilitation program available.21 V.S.A. § 513(b)-(c)

Security duties

  • Keep drug test results and related health information confidential; release them only with the tested person's voluntary written consent or as compelled in an action under the subchapter.21 V.S.A. § 516

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The latest amendment dates for §§ 511-520 were not all checked (§ 516 was amended by 2015 Acts No. 23, effective date not confirmed).

Research reference, not legal advice.