Order a Drug Test in Missouri

Pre-Employment Drug Testing in Missouri

Missouri Revised Statutes section 288.045 expressly recognizes that an employer may require a pre-employment test for alcohol or controlled-substance use as a condition of employment. For the result to be admissible under that unemployment-compensation provision, the applicant must be told about the requirement before taking the test.

• Disclose the testing requirement before the applicant tests.
• Use consistent criteria for applicants seeking the same type of position.
• Use a laboratory process with confirmation and Medical Review Officer review.
• Evaluate medical-marijuana patient protections before acting on THC.
• Keep test information restricted to people with a business need to know.

Employer Testing Programs

A practical Missouri policy should identify who is covered; the substances and specimen types; pre-employment, random, reasonable-suspicion, post-accident, and follow-up testing circumstances; refusal rules; review and confirmation procedures; consequences; confidentiality controls; and the medical-marijuana review process.

• Document objective facts supporting reasonable-suspicion testing.
• Use an impartial selection method for a random program.
• Define post-accident triggers before an incident occurs.
• Keep DOT and non-DOT policies, forms, and orders separate.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Missouri city, ZIP code, or area entered for the donor.

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No General Private-Employer Testing Code

Missouri employers have substantial discretion to design workplace testing programs because the state does not maintain a generally applicable private-sector drug-testing code comparable to the mandatory programs in some states.

That flexibility is not unlimited. Apply the policy consistently and review medical-marijuana protections, disability and other anti-discrimination laws, collective-bargaining agreements, contracts, privacy concerns, and any federal or industry-specific requirements.

State and supplemental sources: Missouri Register, January 17, 2017 and Justia — Drug Testing Laws in Employment

Written Policy and Consistent Administration

A written policy should define covered workers, substances, specimen types, testing reasons, refusal rules, review procedures, consequences, confidentiality, and the handling of medical-marijuana documentation.

Use consistent rules for similarly situated applicants and employees. Document reasonable-suspicion observations, use an impartial random-selection method, and apply pre-defined post-accident triggers rather than making ad hoc decisions after an event.

Related state source: Missouri Revised Statutes § 288.045

Unemployment-Misconduct Requirements

Section 288.045 can affect whether a positive or refusal is treated as misconduct for unemployment purposes. It addresses pre-employment, random, reasonable-suspicion, and post-accident testing and requires the written policy to state that a positive may result in suspension or termination.

For employers relying on that section, testing must use a qualifying certified laboratory, and collection and chain of custody must follow the referenced DOT Part 40 procedures. The statute also recognizes collective-bargaining methods that meet or exceed its standards.

Official state source: Missouri Revised Statutes § 288.045

Notice and Split-Specimen Confirmation

Section 288.045 allows an employee to request a split-specimen confirmation by a separate, unrelated certified laboratory. The employee pays only if that confirmation supports the original positive result.

An employer initiating a policy after January 1, 2005 must allow at least 60 days between a general one-time employee notice and the program’s effective date if it wants to rely on the section’s unemployment-misconduct framework.

Official state source: Missouri Revised Statutes § 288.045

Post-Injury Workers’ Compensation Rules

Section 287.120 can reduce or forfeit workers’ compensation benefits when an injury is connected to alcohol or nonprescribed controlled-drug use in violation of an employer rule or policy. Refusal can also affect benefits when sufficient suspicion exists or the policy clearly authorizes post-injury testing.

For the statutory positive-test presumption, the initial test must occur within 24 hours, notice must be provided within the specified 14-day period, the employee must have an opportunity for a second test of the original sample, and the result must be confirmed by mass spectrometry.

Official state source: Missouri Revised Statutes § 287.120

Laboratory Review and Confidential Handling

Even when a particular non-DOT test is not governed by sections 288.045 or 287.120, laboratory confirmation, chain of custody, Medical Review Officer review, and restricted access to results provide a more defensible and reliable process.

Before acting on a THC result, determine whether the donor holds a valid Missouri medical-marijuana card and whether a constitutional exception applies. A positive result alone may be protected for a qualifying patient.

Official source: Missouri Constitution, Article XIV, § 1.7(15)

Adult Use Does Not Require Workplace Accommodation

Article XIV, section 2 does not require an employer to permit or accommodate adult-use marijuana conduct in the workplace or on employer property. An employer may prohibit working under the influence and may refuse to hire, discipline, or discharge because a person worked while under the influence.

Official source: Missouri Constitution, Article XIV, §§ 2.1 and 2.3(3)

Medical Cardholders Have Employment Protection

Unless compliance would cause loss of a monetary or licensing-related federal benefit, an employer generally may not discriminate based on a person’s valid qualifying-patient or caregiver status, including lawful medical-marijuana use away from the workplace during nonworking hours.

The protection does not cover medical-marijuana use, possession, or influence on the employer’s premises or during working hours.

Official source: Missouri Constitution, Article XIV, § 1.7(15)(a)

A Positive THC Test May Be Protected

An employer generally may not penalize a valid qualifying patient based on a positive test for marijuana components or metabolites unless the person used, possessed, or was under the influence of medical marijuana on the employer’s premises or during working hours.

A confirmed THC result should therefore move through the employer’s medical-marijuana review process before an ordinary non-DOT employment decision is made.

Official source: Missouri Constitution, Article XIV, § 1.7(15)(b)

Safety, Job Duties and Federal Exceptions

The medical protection does not apply when lawful marijuana use affects the person’s ability to perform job responsibilities, affects the safety of others, or conflicts with a bona fide occupational qualification reasonably related to the job.

It also yields when compliance would cost the employer a monetary or licensing-related federal benefit. Federal DOT marijuana-testing requirements remain controlling for covered safety-sensitive work.

Official sources: Missouri Constitution, Article XIV, § 1.7(15) and U.S. DOT — 49 CFR Part 40

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.