Last updated: June 29, 2020
New Hampshire drug testing locations
New Hampshire drug testing laws
A drug test is a technical analysis of a biological specimen such as urine, hair, blood, breath, finger nail and oral fluid/saliva. The common procedure for a drug test is to have a donor provide a specimen to a drug testing collection specialist, complete a chain of custody form and then the collector will send by currier the specimen to a laboratory for analysis and a determination if the specimen is negative or positive.
Although there many laboratories in the United States which provide drug testing analysis, it is recommended that only a laboratory that is SAMHSA Certified is to be used when determining a drug testing result.
The capital of New Hampshire is Concord and the largest city in the State is Manchester. New Hampshire has a population of approximately 1.326,000 residents and New Hampshire became a State on June 21st 1788. The costs of an employee’s medical examination required by the employer as a condition of employment shall not be made at the expense of the employee but rather shall be paid for by the employer.
As per the Model Drug Dealer Liability Act, an employer may bring an action for economic and non-economic damages, caused by an employee’s use of an illegal drug, against the person convicted of participating in the distribution of the illegal drug used by the employee.
Persons who were discharged from employment due to intoxication or use of controlled drugs are disqualified from receiving unemployment benefits. With regards to workers’ compensation in cases of work related injuries, the employer will not be liable if the proximate cause of the injury is due to intoxication or by willful misconduct of the worker. However, if the employer has knowledge of the employee’s intoxication, the provision is no longer applicable. Intoxication as used in this context includes being under the influence of a controlled drug taken without proper prescription or not in accordance to the instructions of the drug.
Have you been asked by a prospective employer or current employer in New Hampshire to undergo drug testing? Note that Federal law does not require or prohibit drug testing but it is required in employment relating to aviation, transportation, contractors with the Department of Defense and NASA. Generally, it is the local and state laws that dictate whether an employer has the right to test prospective employees and employees for drug use.
New Hampshire has not passed any drug testing laws. This means that New Hampshire drug testing for employees is not required but employers have the option to require their employees to undergo New Hampshire drug testing but pay the cost of the tests.
New Hampshire drug test discrimination law
The state of New Hampshire excludes employee discrimination based on disability where the term applies to mental or physical impairment that affects and limits a person’s activities. Under the ADA (Americans with Disabilities), an applicant or employee taking prescribed medication for his disability is not liable for a positive result on his drug test. This is true even if the substance is deemed illegal, as long as the medication was legitimately prescribed by a medical doctor. An applicant or employee turned down due to a positive New Hampshire drug test because of his disability has grounds for legal action against the employer.
Under the American with Disabilities, alcohol dependency is a disability but drug dependency is not. Under the New Hampshire drug testing laws, employers are not required to provide their employees with substance abuse assistance or placement in a rehabilitation program.
Discrimination applies to any employer who requires a particular group of employees, i.e. gender, age, race and creed, to undergo New Hampshire drug testing. An employer violates employee invasions of privacy if an applicant or employee is made to commit an indecent act in order to undergo drug testing in New Hampshire. If an employer knowingly announces a false positive drug result of an employee, he is liable for defamation. Under the ADA, the above stipulations apply to businesses with 15 and more employees.
New Hampshire drug testing employer’s rights
Under the Model Drug Dealer Liability Act, an employer could take non-economic or economic action against the person involved in the distribution of the illegal substance used by the employee. An employer is not required to provide unemployment benefits to an employee discharged from his job due to substance abuse. In the event of a work-related injury, the employer is not required to pay the employee’s compensation if he is found under the influence of prohibited drugs but not when the employer knows that the said employee is using illegal drugs. This does not apply though to employees under legitimate prescription of controlled drugs.
A registered and qualified patient may use marijuana on a privately-owned property that only the owner permitted him. The same may use cannabis on a leased property if the tenant allows and if it is not in violation of the lease contract.
- Nothing in this law permits a person under the influence of cannabis to operate any motor vehicle, aircraft, boat or any other motorized vehicle; or handle dangerous instruments and operate heavy machinery without a written permission of the employer.
- Smoking or vaporization of marijuana in public places such as public transport, parks, beach or field.
- Possession and use of cannabis in building and on grounds of preschool, elementary and elementary schools; and in designated drug free zone or place of employment without the consent of the employer.
- Use and possession of cannabis in correctional facilities, youth centers or recreation centers, and law enforcement facilities, are prohibited.
- Medical assistance programs and health insurance providers are not obliged to reimburse claims for the use of medical marijuana. No provisions are to be made by any place of employment, and penal institutions to accommodate the use and possession of cannabis.
- Medical Marijuana law does not limit an employer’s right to sanction an employee using medical marijuana during working hours at the workplace.
Effects on workplace drug testing
The state of New Hampshire has no drug testing laws and regulations. This means that an employer could or would not require potential employees to undergo pre-employment drug testing.
Under federal law, government employees are mandated to undergo drug testing; so are professionals with high risk jobs such as airline pilots, heavy machinery operators, school bus drivers and such. Drug testing in the workplace is not affected by House Bill 573.
Legal claims for drug testing
Because New Hampshire law doesn’t put any limits on workplace drug testing, employees who believe their test were illegal will have to rely on other legal theories. For example, an employer may run into legal trouble based on who is tested or how the test is conducted. Here are some examples:
Disability discrimination: The Americans with Disabilities Act (ACA) protects an applicant or employee who is taking medication for a disability. Some prescribed medications can result in a positive result on a drug test, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable (unless the drug is medical marijuana).
Other discrimination claims. An employer who singles out certain groups of employees—for example, by race, age, or gender- for drug testing could face a discrimination claim.
Invasion of privacy: Even an employer that has a legitimate reason to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation, depending on the circumstances.
Defamation: An employee might have a valid claim for defamation if the employer publicizes a false positive result, if the employer acts in bad faith and knew (or should have known) that the result was incorrect.