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South Dakota Drug Testing and Workers' Comp Laws
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South Dakota Workers' Compensation Laws and Regulations Official South Dakota Website |
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SOUTH DAKOTA State Law Summary - Workplace Drug/Alcohol Testing
[Editor: The information below consists of highlights and is not intended to be all-inclusive.]
GENERAL COMMENTS: This is an "OPEN" state with no law directly addressing/limiting workplace testing.
POLICY: NO law requires a written policy; however, for workers compensation/unemployment purposes employers SHOULD have written policy.
NOTICE: NO notice or posting requirements in this state.
COSTS: Not specified. BUT, because state law makes it a crime (misdemeanor) to charge for employment-required "medical" exams caution is given.
CONSEQUENCES: NO limits exit under state law or court decision.
WHO: NO limits exit under state law or court decision.
WHAT: NO limits exit under state law or court decision.
WHERE: NO limits exit under state law or court decision.
WHEN: NO limits exit under state law or court decision.
HOW: NO limits exit under state law or court decision.
OTHER STATE PECULIARITIES:
-
Workers comp/Unemployment: Positive test or refusal to test may serve as basis of denial of benefits.
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Has drug dealer liability law. Employer can seek damages.
The material on this page has been provided by our resource partner
Park-Dickens Group,
distributor of FIGHTREADY™, an automated process for state specific,
post-accident policies and procedures to help defend against workers'
comp claims involving drug and alcohol intoxication. For a copy of the state
laws, regulations, statutes, court decisions, or cases involved,
email Bill Judge. |
WARNING: This information is presented after a review of the statutes, regulations and court decisions in this state. This information is subject to frequent change and inherently involves our opinion in certain instances and you may disagree. This information is presented for general educational purposes only -- IT IS NOT INTENDED TO PROVIDE LEGAL OR OTHER PROFESSIONAL ADVICE. Always consult your legal and medical professionals before making any decisions.
For more information about how to reduce your Workers' Compensation costs, send us an e-mail, or simply submit this short form.
"Workers Compensation Management Program: Reduce Costs 20% to 50%"Lower your workers compensation expense by using the guidebook from Advisen and the Workers Comp Resource Center. Perfect for promotional distribution by brokers and agents! Learn More
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