Workplace State Law · Montana

Montana Workplace Saliva (Oral Fluid) Drug Testing Law

How Montana treats oral fluid (saliva) drug testing in the workplace — the statute, its current status, and what that means for employers building or updating a testing program.

Status: Explicitly Permitted

Statute and status in Montana

Statute / authority: Mont. Code Ann. § 39-2-205 (bodily fluids permitted)

Oral fluid and other bodily fluids explicitly included in Montana's workplace testing statute. Voluntary drug-free workplace program with workers' comp discount.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for employers in Montana

Montana explicitly permits oral fluid (saliva) point-of-collection testing for employers. Programs here can run observed saliva collection on site, with results in minutes and a laboratory confirmation pathway for non-negatives. Check the statute's panel, cut-off and notice requirements before deploying.

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