Order a Drug Test in Vermont

Pre-Employment Drug Testing in Vermont

Under § 512, give the applicant a job offer conditioned on a negative result before testing. The nonwaivable written notice must explain the procedure, identify the drugs tested, and state that therapeutic levels of medically prescribed drugs will not be reported.

• Provide the written policy required by § 514.
• Choose THC or no-THC coverage intentionally and disclose it.
• Confirm the laboratory is designated by Vermont’s Department of Health.
• Arrange compliant collection, confirmation, and certified MRO review.
• Apply consistent job-related criteria and protect confidential records.
• Keep DOT orders separate from non-DOT testing.

Source: 21 V.S.A. § 512

Employer Testing Programs

For a current employee, document probable cause of drug use or influence on the job and ensure a bona fide rehabilitation program is available. An accident alone should not be treated as automatic authorization. A policy cannot override Vermont’s prohibition on non-federally-required random or company-wide testing.

• Train supervisors to document concrete observations.
• Provide the written policy to each person tested.
• Use an independent collector for probable-cause employee tests.
• Plan employee-assistance and protected rehabilitation procedures.
• Provide required medical review and retest opportunities.
• Review employment, disability, contract, and public-sector obligations.

After the case is created, checkout searches available collection sites using the Vermont location entered.

Source: 21 V.S.A. § 513

Conditional Offer and Written Policy

Applicant tests must follow § 512’s offer and notice requirements. Section 514 requires a policy explaining testing circumstances, procedures, substances, possible positive results from over-the-counter medications or other substances, and consequences. The policy must incorporate that section’s protections.

Consent is not a substitute for the statutory prerequisites. Personal testing is not a workaround for employer-directed testing.

Source: 21 V.S.A. § 512

Source: 21 V.S.A. § 514

Probable Cause, Not Routine Random Testing

Section 513 requires probable cause to believe an employee is using or under the influence of a drug on the job, an available bona fide rehabilitation program, and compliant test administration. Random and company-wide tests are prohibited unless required by federal law or regulation.

Calling a position safety-sensitive or including random testing in a handbook does not itself create the federal exception. Post-accident and follow-up decisions also require legal review.

Source: 21 V.S.A. § 513

Rehabilitation Before Termination

A positive employee result is not automatically grounds for discharge. Section 513 protects an employee who agrees to participate in and successfully completes the available assistance program. Suspension for completion may last only as long as necessary and no more than three months.

After completion, a subsequent positive test may support termination only when the statutory probable-cause and administration conditions are met.

Source: 21 V.S.A. § 513

Designated Lab and Collection Safeguards

Use a Department of Health-designated laboratory and a qualified collector. The collector cannot be the employer’s employee for probable-cause testing of current employees. Chain of custody must protect anonymity and reliably connect each sample with its result.

An employer cannot require a blood draw. For urine testing, the donor must have the opportunity, at their request and expense, for a contemporaneous blood sample to be drawn and preserved. Confirm these arrangements before collection.

Source: 21 V.S.A. § 514

Vermont Department of Health — Laboratory Approval

Confirmation, MRO Review, and Retesting

Urine positives require confirmation by GC/MS or an equivalent quantitative method. Therapeutic drug levels must be reported as negative without disclosing their presence. A certified physician MRO reviews results and reports only confirmed results to the employer.

Preserve part of a positive sample for at least 90 days after result receipt. The MRO must personally discuss a positive result and possible inaccuracy, offer an independent-laboratory retest at the donor’s expense, and consider that retest.

Source: 21 V.S.A. § 514

Source: 21 V.S.A. § 515

Confidentiality and Result Use

Under § 516, health information is collected only by the MRO, and the donor’s identity is protected, including from the laboratory. Employers, laboratories, MROs, and their agents must keep test-result information confidential.

Outside permitted disclosures, release requires voluntary signed consent, with a limited court exception for proceedings under the testing law. Do not assume a positive result automatically determines unemployment or workers’ compensation eligibility.

Source: 21 V.S.A. § 516

Adult-Use Cannabis and Workplace Rules

Vermont permits limited cannabis possession by adults age 21 and older. Section 4230a preserves employers’ ability to prohibit workplace use and regulate cannabis on their premises; it does not require workplace accommodation.

Its employer provisions do not turn every THC-positive result into lawful grounds for immediate discharge. Apply the separate employment-testing requirements.

18 V.S.A. § 4230a

Medical Cannabis Program

The Vermont Cannabis Control Board administers the medical program, including patient and caregiver registration. Use its current forms and guidance for eligibility and registration details.

A medical card is not a guarantee of a negative THC result. Review patient status, the underlying medical condition, disability obligations, and the actual job requirements separately before an employment decision.

Vermont Cannabis Control Board — Medical Program

THC Testing Still Has Preconditions

Employers choosing THC testing must disclose the tested substances and follow the appropriate applicant or employee process. For current employees, legalization has not displaced probable-cause, assistance-program, confirmation, or retest protections.

Distinguish evidence of on-duty conduct from a laboratory finding. Do not rely on a blanket zero-tolerance policy without reviewing the statutory protections.

Source: 21 V.S.A. § 513

Source: 21 V.S.A. § 514

Choose THC or No THC Intentionally

The five standard panels above include both THC and no-THC options. Select according to the lawful testing purpose and policy, not a presumption about the donor.

A urine metabolite result does not by itself establish present impairment. DOT testing is governed separately by federal requirements; a no-THC or other non-DOT panel cannot replace a federally required test.

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.