Privacy Law Library

Workforce Drug and Alcohol Testing Act

MT Drug Testing Act

Employees · Health

Montana employers that drug or alcohol test must follow a written, pre-announced testing program with federal-standard collection, medical review officer certification, and employee rebuttal rights. Test results and related records are confidential.

Where
Montana
Citation
Mont. Code Ann. 39-2-205 to 39-2-211
Status
In force
In force since
1997-10-01
Last amended
2021-10-01
Enforced by
Not verified
People can sue
No
Penalties
Not verified.
Applies to
  • Employers conducting controlled-substance or alcohol testing of employees and prospective employees through a qualified testing program (39-2-207, 39-2-208)

What a privacy notice must say

  • Adopt written testing policies and make them available to all employees 60 days before implementation or changes.Mont. Code Ann. 39-2-207(1)

Practices it requires

  • Pay for testing, follow 49 CFR part 40 collection and confirmation standards, and have positive results certified by a medical review officer before acting.Mont. Code Ann. 39-2-207(3)-(5)
  • Test only as permitted: pre-hire, random under policy, follow-up, reasonable suspicion, or post-accident.Mont. Code Ann. 39-2-208

Security duties

  • Keep all testing information, reports and results confidential, except for legally required reports and related proceedings.Mont. Code Ann. 39-2-211

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Remedies and enforcement for the Act were not identified in the sections read. Scope limits in 39-2-206 not summarised. Effective dates inferred from history notes.

Research reference, not legal advice.