39-2-210. Limitation on adverse action. Except as provided in 16-12-108, no adverse action, including followup testing, may be taken by the employer if the employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee's record and destroyed. History: En. Sec. 6, Ch. 521, L. 1997; amd. Sec. 2, Ch. 315, L. 2011; amd. Sec. 65, Ch. 576, L. 2021.
Montana Legal Code
§ 39-2-210
Source: https://mca.legmt.gov/bills/mca/title_0390/chapter_0020/part_0020/section_0100/0390-0020-0020-0100.html· Version 2025