Drug Testing in Connecticut

Pre-Employment Urine Drug Testing Is Permitted — With Conditions

CGS §31-51v allows a covered private employer to require a prospective employee to submit to a urinalysis drug test as part of the application process only when specific requirements are met.

• The applicant must be informed in writing, at the time of application, that the employer intends to conduct the drug test.
• The test must use a reliable initial methodology.
• A positive result must be confirmed by a separate and independent second urinalysis meeting §31-51u requirements.
• The prospective employee must receive a copy of any positive urinalysis result.
• The result is confidential and disclosure is limited.

Official source: Connecticut General Assembly — Chapter 557, §§31-51t through 31-51aa

Positive Urine Results Require Confirmation

Under CGS §31-51u, a covered employer may not base promotion, compensation, transfer, termination, discipline, or another adverse personnel action solely on a positive urinalysis result unless the initial positive was confirmed by a separate and independent second urinalysis.

The statute specifies gas chromatography/mass spectrometry (GC/MS) for confirmation, or another methodology determined by the Commissioner of Public Health to be at least as reliable.

The person performing the test may not report or disclose an initial positive under the statute until the required confirmation has occurred.

Official source: CGS §31-51u — Drug Testing Requirements

Current Employees: Reasonable Suspicion Is the General Rule

CGS §31-51x generally prohibits a covered employer from requiring a current employee to submit to a urinalysis drug test unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol in a way that adversely affects, or could adversely affect, job performance.

Connecticut allows random urinalysis testing in specified situations, including:

• When random testing is authorized under federal law.
• For occupations designated as high-risk or safety-sensitive under state regulations.
• For school-bus and student-transportation-vehicle drivers.
• As part of a qualifying employee-assistance program in which the employee voluntarily participates.

Official source: CGS §31-51x — Reasonable Suspicion and Random Tests

Collection Privacy and Confidentiality

CGS §31-51w prohibits a covered employer, representative, agent, or designee participating in an employer urinalysis program from directly observing the employee or applicant while the urine specimen is produced.

Employer urinalysis results must be maintained with other employee medical records and receive the privacy protections specified by Connecticut law.

Official source: CGS §31-51w — Observation Prohibited; Privacy of Results

Written Cannabis Policies Matter

CGS §21a-422p allows an employer to maintain a written policy prohibiting employee cannabis possession, use, or consumption. For the protections and employment actions described in the statute, the policy must be in writing and made available to employees. A prospective employee must receive the policy when the employer makes an offer or conditional offer of employment.

Connecticut does not require an employer to allow an employee to work while under the influence of cannabis or to possess or use cannabis while performing duties or on the employer’s premises, subject to specific medical-cannabis possession provisions.

Official source: Connecticut General Assembly — CGS §21a-422p

A THC-Positive Result Is Not Always Enough by Itself

CGS §21a-422q states that, for a non-exempt prospective or existing employee, a drug test that is positive solely for 11-nor-9-carboxy-delta-9-THC generally cannot be the sole basis for refusing employment, ending employment, or otherwise penalizing the person unless one of the statute’s exceptions applies.

For a prospective employee with a conditional offer, one important exception applies when the employer has an established written policy stating that a positive cannabis test may result in adverse employment action. Other exceptions address federal contracts or funding, workplace use, specific signs of impairment, random testing under a qualifying policy, exempt employers, and exempt positions.

Official source: CGS §§21a-422q and 21a-422r

Exempt Employers and Positions

Connecticut’s adult-use employment protections contain broad exemptions. CGS §21a-422o identifies categories of exempt employers that include mining, utilities, construction, manufacturing, transportation or delivery, educational services, health care or social services, justice/public-safety activities, and national-security or international-affairs employers.

The statute also lists exempt positions such as firefighters, emergency medical technicians, police and certain law-enforcement roles, specified transportation positions, and other safety-sensitive or federally regulated work.

Official source: CGS §21a-422o — Workplace Cannabis Definitions and Exemptions

Medical Marijuana Status Has Separate Protection

CGS §21a-408p generally prohibits an employer from refusing to hire, discharging, penalizing, or threatening a person solely because the person is a qualifying medical-marijuana patient or caregiver, unless federal law or federal funding requires otherwise.

This protection does not prevent an employer from prohibiting intoxicating-substance use during work hours or disciplining an employee for being under the influence during work hours.

Official source: CGS §21a-408p — Qualifying Patient and Caregiver Employment Protection

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.