Mont. Code § 39-2-210

Current through the 2023 Regular Session

Section 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.

§ 39-2-210, MCA

Amended by Laws 2021, Ch. 576,Sec. 65, eff. 1/1/2022.

En. Sec. 6, Ch. 521, L. 1997; amd. Sec. 2, Ch. 315, L. 2011.

Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."