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Applicant testing. An employer cannot, as a condition of employment, require an applicant to submit to drug testing, administer such a test, or request or require an applicant to consent to any practice prohibited under Vermont's drug testing law unless all of the following conditions are met:

1. The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result. A conditional offer of employment is not necessary if the applicant resides more than 200 air miles from the place the applicant is to be tested.

2. The test is given not less than 10 days from the date the applicant received written notice. The notice must list the drugs to be tested. The notice must also state that therapeutic levels of prescription drugs tested will not be reported. The notice may not be waived by the applicant.

3. The drug test is given as part of or in conjunction with a comprehensive physical examination, but the test and examination need not be taken or administered at the same time.

4. The drug test is administered in accordance with other procedures specified in the law.

Employee testing. An employer cannot, as a condition of employment, promotion or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, require an employee to submit to drug testing, administer such a test, or request or require an employee to consent to any practice prohibited under Vermont's drug testing law unless all of the following conditions are met:

1. The employer or an agent of the employer has probable cause to believe the employee is using or is under the influence of a drug on the job.

2. The employer has available for the employee tested a bona fide rehabilitation program for alcohol or drug abuse and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation.

3. The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program. However, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months. The employee may be terminated if, after completion of an employee assistance program, the employer subsequently administers a drug test and the test result is positive.

4. The drug test is administered in accordance with certain procedures under the law.

An employer cannot request, require or conduct random or company-wide drug tests except when such testing is required by federal law or regulation.

Blood samples. An employer cannot request or require that a blood sample be drawn for the purpose of administering a drug test.

Selection of laboratory. The employer's procedure for drug testing must incorporate all provisions of the drug testing law, including using only laboratories designated by the Department of Health.

Policies. The employer must provide all persons tested for drugs with a written policy that identifies the circumstances under which persons may be required to submit to drug tests, the particular test procedures, the drugs that will be screened, a statement that over-the-counter medications and other substances may result in a positive test and the consequences of a positive test result.