Please Read for Important Information Regarding
2011 Legislative Changes Affecting Drug Testing
The 2011 Montana legislature has amended Montana's Workforce Drug and Alcohol Testing Act effective May 6, 2011. Those changes are not reflected in the on-line publication An Employer's Guide to Drug Testing in Montana. In addition, the 2011 Legislature has substantially amended Montana's "Medical Marijuana Act", with some of those changes effective May 13, 2011, and other changes scheduled to take effect on July 1, 2011.
A link to the unofficial text version of the Montana Workforce Drug and Alcohol Testing Act of House Bill 43 (Chap. 315, Laws of 2011) is Workplace Drug and Achohol Testing Statutes.
A link to the provisions of Senate Bill 423, amending the Medical Marijuana Act, is http://data.opi.mt.gov/bills/2011/billpdf/SB0423.pdf.
Please periodically check this website for updated information as it becomes available.
Notice and disclaimer regarding
An Employer's Guide to Drug Testing in Montana:
The Montana Workforce Drug and Alcohol Testing Act (§§ 39-2-205 through 39-2-211, MCA) ("the Act") does not contain any provisions for its enforcement or administration by any state or local government agency, and no state agency has any rulemaking, interpretive, or other regulatory authority concerning the Act. Remedies for violations of the Act appear to be available only by way of a private, civil cause of action, brought in an appropriate court.
The Montana Department of Labor and Industry provides a link to a 1997 publication, An Employer's Guide to Drug Testing in Montana because it is one of the few public sources of information regarding the Act. The Montana Department of Labor and Industry advises readers of the Employer's Guide that portions of the Act were amended in 2005, and that the Employer's Guide does not reflect those amendments, nor does it reflect any other changes to the other laws and regulations that have been made since the Employer's Guide was revised in 1997.
The Montana Department of Labor and Industry does not warrant or represent that the information contained in the Employer's Guide will provide the reader with up-to-date information, or with enough information to make an informed decision about the state of the law in Montana regarding workforce drug and alcohol testing. The Montana Department of Labor and Industry urges that persons obtain appropriate legal advice from a knowledgeable Montana attorney before acting on information contained in the Employer's Guide.