Montana § 39-2-206 Definitions

Montana Statutes

§ 39-2-206 — Definitions

Montana § 39-2-206

Title 39LABOR

Ch. 2THE EMPLOYMENT RELATIONSHIP

Part 2General Obligations of Employers

This text of Montana § 39-2-206 (Definitions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 39-2-206 (2026).

Text

39-2-206 . Definitions. As used in 39-2-205 through 39-2-211 , the following definitions apply:

(1)"Alcohol" means an intoxicating agent in alcoholic beverages, ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.

(2)"Alcohol concentration" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath, as indicated by an evidential breath test.

(3)"Controlled substance" means a dangerous drug, as defined in 49 CFR, part 40, except a drug used pursuant to a valid prescription or as authorized by law.

(4)(a) "Employee" means an individual engaged in the performance, supervision, or management of work in a:

(i)hazardous work environment;

(ii)security position; or

(iii)position:

(A)affecting public safety or public health;

(B)in

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39-2-206 . Definitions. As used in 39-2-205 through 39-2-211 , the following definitions apply:
(1) "Alcohol" means an intoxicating agent in alcoholic beverages, ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
(2) "Alcohol concentration" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath, as indicated by an evidential breath test.
(3) "Controlled substance" means a dangerous drug, as defined in 49 CFR, part 40, except a drug used pursuant to a valid prescription or as authorized by law.
(4) (a) "Employee" means an individual engaged in the performance, supervision, or management of work in a:
(i) hazardous work environment;
(ii) security position; or
(iii) position:
(A) affecting public safety or public health;
(B) in which driving a motor vehicle is necessary for any part of the individual's work duties; or
(C) involving a fiduciary responsibility for an employer.
(b) The term does not include an independent contractor or an elected official who serves on the governing body of a local government.
(5) (a) "Employer" means a person or entity that has one or more employees and that is located in or doing business in Montana.
(b) The term includes the governing body of a local government.
(6) "Governing body" means the legislative authority of a local government.
(7) "Hazardous work environment" includes but is not limited to positions:
(a) for which controlled substance and alcohol testing is mandated by federal law, such as aviation, commercial motor carrier, railroad, pipeline, and commercial marine employees;
(b) that involve the operation of or work in proximity to construction equipment, industrial machinery, or mining activities; or
(c) that involve handling or proximity to flammable materials, explosives, toxic chemicals, or similar substances.
(8) "Local government" means a city, town, county, or consolidated city-county.
(9) "Medical review officer" means a licensed physician trained in the field of substance abuse.
(10) "Prospective employee" means an individual who has made a written or oral application to an employer to become an employee.
(11) "Qualified testing program" means a program to test for the presence of controlled substances and alcohol that meets the criteria set forth in 39-2-207 and 39-2-208 .
(12) "Sample" means a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol.