Workforce Drug and Alcohol Testing Act
MT Drug Testing Act
Employees · Health
Montana employers that drug or alcohol test must follow a written, pre-announced testing program with federal-standard collection, medical review officer certification, and employee rebuttal rights. Test results and related records are confidential.
- Where
- Montana
- Citation
- Mont. Code Ann. 39-2-205 to 39-2-211
- Status
- In force
- In force since
- 1997-10-01
- Last amended
- 2021-10-01
- Enforced by
- Not verified
- People can sue
- No
- Penalties
- Not verified.
- Applies to
- Employers conducting controlled-substance or alcohol testing of employees and prospective employees through a qualified testing program (39-2-207, 39-2-208)
What a privacy notice must say
- Adopt written testing policies and make them available to all employees 60 days before implementation or changes.Mont. Code Ann. 39-2-207(1)
Practices it requires
- Pay for testing, follow 49 CFR part 40 collection and confirmation standards, and have positive results certified by a medical review officer before acting.Mont. Code Ann. 39-2-207(3)-(5)
- Test only as permitted: pre-hire, random under policy, follow-up, reasonable suspicion, or post-accident.Mont. Code Ann. 39-2-208
Security duties
- Keep all testing information, reports and results confidential, except for legally required reports and related proceedings.Mont. Code Ann. 39-2-211
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Remedies and enforcement for the Act were not identified in the sections read. Scope limits in 39-2-206 not summarised. Effective dates inferred from history notes.
Research reference, not legal advice.