Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.11 - UNEMPLOYMENT INSURANCE DIVISION
Subchapter 24.11.4 - Claims for Benefits
Rule 24.11.463 - LIE DETECTOR TESTS-DRUG AND ALCOHOL TESTING

(1) A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied work or continuation of work for refusing to submit to a polygraph test or any form of a mechanical lie detector test, or on the basis of the results of any such test.

(2) A claimant cannot be disqualified for benefits under this chapter solely for refusal to submit to drug or alcohol testing required by an employer or prospective employer, or on the basis of the results of such a test, unless the testing procedures fully comply with federal drug and alcohol testing statutes and regulations applicable to private sector workers, or the provisions of the Workforce Drug and Alcohol Testing Act found in Title 39, chapter 2, MCA. This rule does not apply to a drug test for marijuana or marijuana products that was administered to an individual who is a registered cardholder under Title 16, chapter 12, part 5, MCA.

(3) An individual disqualified for benefits in accordance with (2) remains disqualified until the individual has performed services:

(4) For the purposes of the Workforce Drug and Alcohol Testing Act, an unemployment insurance benefits hearing is a legal action in which the results of a drug or alcohol test may be introduced, provided that the results and testimony about the results are protected from public disclosure.