Section 30 Separations Involving Drugs or Alcohol

• Library: Employer-Employee Law 2008

Section 288.045, RSMo Supp. 2007, was first added to the Missouri Employment Security Law, Chapter 288, RSMo, by House Bills 1268 & 1211 and was effective January 1, 2005. It was subsequently amended by House Bill 1456, which was effective October 1, 2006. The provision provides employers with a roadmap of what needs to be shown to disqualify a claimant for drug or alcohol use. A claimant found “in violation of this section shall be subject to the cancellation of all or part of the [claimant’s] wage credits as provided by subsection 2 of section 288.050.” Section 288.045.11.

To establish that a claimant was “at work” with a detectable amount of alcohol or a controlled substance, the employer must show the following:

• The test must be conducted by a laboratory certified by the United States Department of Health and Human Services (HHS) or another certifying organization that meets the minimum standards of HHS. “[T]he laboratory’s trial packet shall be included in the administrative record and...