OHS, Inc.

STATE DRUG TESTING LAWS

State drug testing laws change from time to time. So, not all legislation newly enacted in 2012-2013 may have yet been incorporated here. New state drug testing laws are being added or revised by the state governments on a continuing basis. OHS, Inc. is primarily a Third Party Administrator (TPA) of Drug-Free Workplace Programs and employee drug testing services. We are not a law firm and this information about state drug testing laws is provided to you for general reference purposes only and is not intended as legal advice.

If you are the Human Resources Director or Safety Officer at your company or organization and you need additional information regarding state drug testing laws or Workers’ Comp laws in your state, please call us at 1-800-456-4647 x205 with your questions. We’ll be glad to help you as much as we can!


Click on a state name below to access an abstract of its workplace-related state drug testing laws.

Alabama

State: Alabama
Statute of Order: Alabama Code §25-5-330 et seq.
Covered Employers: All employers.
Applicant Testing: Testing authorized after applicant is given notice of drug-testing policy and a conditional offer of employment.
Employee Testing: Testing authorized, including random testing and testing on reasonable suspicion, as part of fitness-for-duty exam, after on- the-job injury, or as follow-up to a rehabilitation program. Employees must receive 60 days' advance notice of testing policy, which must be conspicuously posted.
Conditions & Methods: Confirming test in case of positive result. Opportunity to contest or explain positive test within five days of receiving results.
Important Bulletpoints:
  • All costs of required drug testing and confirmation are to be paid by the employer. Any additional costs (i.e. retesting) not required by the employer are payable by the employee or job applicant.
  • Limited testing of job applicants are allowed under the program subject to reasonable classifications of job positions.
  • There are no prohibitions on random testing and other lawful testing procedures.
  • There are no limits to disciplinary action in the case of positive confirmed test results. Employer’s policy must specify any such action which may include ineligibility to workers’ compensation and unemployment benefits.
  • An employer may provide an employee assistance program. If the employer does not provide an employee assistance program, a resource file of employee assistance providers must be maintained. Information and access to such programs and resources must be made known to employees.
  • The employer must provide an education program on substance abuse in general and particularly its effects on the workplace. The education program shall be conducted semi-annually and shall run for one hour. Supervisors shall have an additional 2 hours of training which includes, but is not limited to, recognizing signs of employee substance abuse and the actions that may be taken.

Alaska

State: Alaska
Statute of Order: Alaska State §23.10.600 et seq., §14.09.025
Covered Employers: All employers, including school districts or regional educational attendance areas.
Applicant Testing: Applicant testing not restricted. Positive results or refusal may be grounds for not hiring.
Employee Testing: Testing authorized, including random testing, for job-related purpose, consistent with business necessity. Thirty days' notice and a written policy statement must be given to employees. Discipline or discharge for positive test or refusal to submit to test. School bus drivers subject to random testing and discipline under separate provisions.
Conditions & Methods: Confidentiality of test results. Confirming test in case of positive result. Opportunity to obtain results within 5 days and explain positive result within 10 days.
Important Bulletpoints:
  • Employers who seek to comply with the voluntary program is indemnified from litigation for damages arising from the adoption of a suitable drug and alcohol testing policy, subject to the provisions of the law.
  • Drug and alcohol impairment testing of employees, as required by their employers, are considered work time for the purpose of administering compensation and benefits.
  • Employers may specify drug testing for prospective employees as part of their policy and shall inform their prospective employees of the same.
  • Employers are allowed to conduct random drug testing on employees.
  • All actual costs of drug and alcohol impairment testing for current and prospective employees are to be paid by employers. For current employees, a reasonable transportation cost shall also be paid by the employer if the testing facility is not located at the employee’s normal work site.
  • On-site testing is not prohibited but neither is it required. With on-site testing, only test kits approved by the Food and Drugs Administration may be used, which may be administered only by a qualified test administrator duly certified by the test manufacturer.
  • Only temporary employment actions may be enforced against employees with unconfirmed positive on-site test results. If confirmatory tests come up with a negative result or is demonstrated to be a direct result of prescribed or lawful non-prescription drugs, full wages and benefits must be reinstated in favor of the employee.

Arizona

State: Arizon
Statute of Order: Ariz. Rev. Stat. §23-493 et seq., §15-513, §28-414.01
Covered Employers: All private employers, plus school districts and entities that furnish transportation to school districts.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Applicant's refusal to submit to test may be used as basis for not hiring. Testing required to certify school bus drivers.
Employee Testing: Testing authorized, including random testing, for any job- related purpose consistent with business necessity. Written drug-testing policy must be distributed to all employees. Discipline or discharge authorized for employees who test positive or refuse to submit to test. School district transportation employees must submit to testing in the event of accident or if based on probable cause.
Conditions & Methods: Confirming test in case of positive findings and methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of test results.
Important Bulletpoints:
  • Prospective employees may also be subject to drug testing as per employers’ policy and only after being duly informed of the same.
  • The practice of on-site testing is neither encouraged nor prohibited by Arizona law.
  • Tests required by employer to current employees are considered work time for purposes of administering compensation and benefits.
  • The employer shall pay for all actual costs for drug testing and alcohol impairment required of employees including reasonable transportation costs if tests are to be done in a facility external of the employees’ normal work site.
  • Paying for the costs for drug testing of prospective employees is at the employer’s sole discretion.
  • The employer has the authority to dispense any adverse disciplinary or rehabilitative employment action based on a positive test or on the employee’s refusal to undergo the required tests.
  • Any employer who has established and adopted a policy that complies with the voluntary testing program of the State of Arizona is protected from litigation, subject to conditions of the law, unless the employer’s action was based on false positive results and the employer clearly ignores or willfully disregards the true test result.

Arkansas

State: Arkansas
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • The Workers’ Health and Safety Division of the Workers’ Compensation Commission sets the rules and oversees compliance for employers’ testing programs. Applicability of the program is also subject to the provisions of relevant collective bargaining agreements and federal statutes or regulation.
  • Compliant employers are entitled to a 5% discount on workers’ compensation premium.
  • Employers availing of the protection and benefits of the law must annually apply for and be granted certification by the director of the Workers’ Health and Safety Division of the Workers’ Compensation Commission.
  • Employers are allowed to conduct drug or alcohol testing to their job applicants who already have been awarded an actual offer for employment.
  • Testing must conform to Department of Transportation procedures and regulations to include only amphetamines, cocaine, marijuana, PCP and opiates as well as alcohol.
  • All costs of initial and confirmatory drug or alcohol testing required by the employer as per policy shall be at the employer’s expense. On the other hand, additional tests not required by the employer is payable by the employee or job applicant.
  • Employer may take adverse employment action without restrictions based on a confirmed positive test result.
  • Employers are required to provide relevant educational materials to all employees regarding how to maintain a drug-free workplace. Employees are required to sign an acknowledgment of receipt for said material.

California

State: California
Statute of Order: Exec. Order D-58-86, Labor Code §1025 et seq.
Covered Employers: State agencies.
Applicant Testing: Testing authorized of applicants to state agency positions of "sensitivity" if testing is job related.
Employee Testing: Testing authorized of state employees in positions of "sensitivity." Employees who test positive may be referred for treatment or may be suspended or removed from job. Private sector and public employers of 25 or more must "reasonably accommodate" employees who want to enter drug treatment programs.
Conditions & Methods: In state agencies, advance notification of employee or applicant, documentation showing chain of custody, and confirming test in case of positive findings.
Important Bulletpoints:
  • There are laws in California that permit the use of marijuana for limited medical use only.
  • Employers with State agency awarded contracts and grants are required to certify that they provide a drug-free awareness program and that they have a published policy on controlled substances distributed to their employees. The Department of General Services is tasked with blacklisting contractors who fails to comply with these provisions. However, primary State grantees or contractors are not required to make sure that their subcontractors also have drug-free workplaces.
  • Testing for controlled substances for public transportation drivers is mandatory.
  • With reference to related California statutes, any pre-employment or continuing employment related medical testing costs or fees are at the sole expense of the employer.
  • As per the Department of Health’s enforcement of existing state laboratory licensing laws, on-site testing is prohibited. Drug testing may therefore be administered only by a licensed physician and only at certified testing laboratories.
  • Use of controlled substances may cause a person to be ineligible for workers’ compensation and unemployment benefits.
  • Employers with 25 or more employees are required to provide “reasonable accommodation” to employees who voluntarily submit to drug or alcohol rehabilitation programs provided no undue hardship is imposed on the employer.

Colorado

State: Colorado
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • The Colorado Supreme Court has upheld employee testing based on "reasonable suspicion" by the employee’s supervisor that the employee uses or is under the influence of alcohol or illegal drugs.
  • Only Boulder City in Colorado has existing ordinance related to employee drug testing. Reasonable suspicion and post-treatment testing are allowed. Drug tests must be conducted by NIDA-certified testing laboratories only. Random testing is prohibited and prior notice to applicants is required as well, among other specific provisions.
  • As per general statutes, the employer must pay for all relevant medical examinations required of employees.
  • A positive test is considered a presumption of intoxication and may adversely affect benefits related to Workers’ Compensation with a reduction of 50%. Test results may be refutable by clear and convincing evidence, usually by a retest at the expense of the employee.
  • Separation benefits may not be paid by employer if cause of separation is because employee was tested positive for drugs or alcohol in violation of established employer’s policy.
  • Furthermore, positive test results may cause a person to be ineligible for unemployment compensation, except when the employee admits to being an alcoholic or drug addict and provides documentary proof of participation in a rehabilitation program.

Connecticut

State: Connecticut
Statute of Order: Conn. Gen. Stat. §31-51t et seq., §14-261a et seq., §14-276a
Covered Employers: All private employers.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Former employees may not be tested unless they have been away from the job for at least 12 months. Testing required to certify school bus drivers.
Employee Testing: Testing authorized on reasonable suspicion of substance abuse; random testing authorized of employees in safety-sensitive jobs. Testing required for intrastate truck drivers after a reportable accident, upon reasonable cause, or at random under federal law. Discipline or discharge authorized for employees who test positive.
Conditions & Methods: Confirming test in case of positive findings, privacy for employee in collection of specimen, and confidentiality of test results.
Important Bulletpoints:
  • The State Labor Commissioner is tasked with setting which are high-risk and safety sensitive positions authorized for drug testing.
  • Random urinalysis drug testing may be permitted only on a per individual request basis which must then be approved by the State Labor Commissioner.
  • All testing must be conducted within certified testing laboratories only. Confirmation screening of an initial positive result is a requirement. The confirmatory urinalysis drug test must be done by another independent laboratory using gas chromatography and mass spectrometry methods.
  • Employees may be tested for evidence of substance abuse if the employee voluntarily agrees to participate in an employer sponsored or authorized employee assistance program.
  • Unemployment benefits and workers’ compensation benefits, which would otherwise be due to the employee, may be denied as a result of employee’s use of narcotics of for violating employer’s drug-testing policy.
  • Connecticut labor code dictates that collective bargaining agreement provisions must fully comply with existing laws.

Delaware

State: Delaware
Statute of Order: Del. Code Ann. Tit. 21 §2708
Covered Employers: Public and private schools and entities that furnish transportation services to schools; Department of Corrections.
Applicant Testing: Testing required to certify school bus drivers. Testing also required for security-sensitive positions with Department of Corrections.
Employee Testing: Employee testing is not subject to restriction.
Conditions & Methods: Further analysis in case of positive findings.
Important Bulletpoints:
  • State specified job industries where drug testing are compulsory include home healthcare practitioners, staff for nursing homes, school bus drivers and aids, those involved in harness racing and employees of the Department of Corrections.
  • Delaware employers are required by law to pay for all expenses for required employment related medical examinations. Drug testing is presumed to be categorized as a medical examination however there have been no court precedents that have made a decision on this matter.
  • Employers of nursing homes who fail to comply with the mandatory drug or intoxication screening requirements may be liable to pay State mandated fines.
  • Employees who are tested positive or refuse to be tested for controlled substance use or intoxication may be regarded as ineligible to receive workers’ compensation benefits as well as unemployment benefits. For such purposes, employers must have a written policy on maintaining a drug-free workplace program.
  • Apart from those enumerated above, no other legal restrictions or rules exists in Delaware insofar as testing for substance abuse for employment purposes are concerned and as such it may be considered an “open” State.

Florida

State: Florida
Statute of Order: Fla. Stat. §440.101 et seq., §627.0915, §112.0455
Covered Employers: Private employers with 3 or more employees. Public employers with safety-sensitive and law enforcement positions
Applicant Testing: Testing authorized with advance notice to applicant; applicant's refusal to submit to test may be used as basis for not hiring.
Employee Testing: Testing authorized on reasonable suspicion of substance abuse, as part of routine fitness-for-duty exam, or as follow-up to employee's participation in counseling or rehabilitation. Written notice of testing program must be given 60 days in advance. Testing confers eligibility for certain discounts and other benefits under state's workers' compensation law. Discipline or discharge authorized for employees who test positive.
Conditions & Methods: Confirming test in case of positive findings, privacy for employee in collection of specimen, methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of results.
Important Bulletpoints:
  • Employers who, by policy, enact a drug-free workplace program must be governed by a law that encourages voluntary programs only if they want to avail of the specific benefits that the law allows for compliant employers.
  • Employees and applicants must receive the employer’s written notice of the drug-free workplace policy prior to testing. The full text of the policy must be available and accessible for inspection. Notice of the policy must also be posted at conspicuous locations as well as included in vacancy announcements.
  • All drug testing must conform to federal rules. Confirmations must be done by a certified SAMSHA or FL-AHCA approved laboratory and must be reviewed by an assigned medical review officer.
  • Refusal to test may be grounds for adverse employment action or, for the case of job applicants, a positive test result may support an employer to refuse to hire said applicant.
  • Compliance to Florida’s voluntary program entitles employers to a 5% discount on premium for workers’ compensation.

Georgia

State: Georgia
Statute of Order: Ga. Code Ann. §45- 23-1 et seq. §45-20-110 et seq., 34-9-410 et seq.
Covered Employers: State government employers, public schools, and entities that furnish transportation services to school systems; private employers.
Applicant Testing: Testing authorized of applicants for state government employment, public school employment, and private employment. Applicant who refuses to be tested or who tests positive may be barred from state and public school employment for 2 years.
Employee Testing: Testing authorized, including random testing, on reasonable suspicion, as part of routine fitness-for-duty exam, after an on- the-job injury, and as part of follow-up to rehabilitation. Policy must be distributed to employees and posted. Testing confers eligibility for certain discounts and other benefits under the state's workers' compensation law. Random testing of "high risk" state government and public school employees including school bus drivers is authorized under separate provisions.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen, and methods of collection, storage, and transportation that ensure noncontamination of specimen, and confidentiality of test. Confirming test after positive result.
Important Bulletpoints:
  • Compliance to the program entitles employers to a 7.5% workers’ compensation premium discount.
  • Self-insured employers are eligible for the voluntary drug-free workplace program credit by filing the appropriate application for certification.
  • Job applicants who have been awarded an offer for employment are required by law to be tested for substance abuse.
  • On-site testing is allowed under the voluntary program. Random testing is also permitted. However, neither on-site testing nor random testing are requirements for program compliance.
  • Only trained and certified persons are qualified to conduct substance abuse testing for purposes of the voluntary drug-free workplace program. The list includes, among others, an employer representative who is trained to collect specimens following approved chain of custody procedures.
  • Post-rehabilitation drug testing may be required by the employer as a follow-up in cases where the employee underwent an employee assistance program or approved rehabilitation program because of an earlier positive drug test. For employees voluntarily entering such a program, follow-up testing is not mandatory.
  • The analysis of a Medical Review Officer is strongly recommended by not necessarily a requirement for compliance.
  • As a requirement for the first year certification of a drug-free workplace program, employers must provide two hours of substance abuse education plus another 2 hours of related training for supervisors. Training for supervisors may be reduced to 1 hour per year for subsequent years.

Hawaii

State: Hawaii
Statute of Order: Hawaii Rev. Stat. §329B- 1 et seq.
Covered Employers: All employers.
Applicant Testing: Testing authorized if applicant receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. Testing required of civil service applicants for positions with city of Honolulu.
Employee Testing: Testing authorized if employee receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen and reliability of results, including confirming test in case of positive findings.
Important Bulletpoints:
  • Employers pay for all drug testing costs including confirmation tests.
  • On-site screening is permitted by law and must be conducted according to legislated rules. The instructions of the manufacturer of the DFA approved portable substance testing kit must be observed and the person tasked to administer the test has acquired proper training from the manufacturer.
  • An employer may not take adverse employment action against the employee or prospective employee based on a positive test result unless the provision for advance written notice has been satisfied. Furthermore, for on-site testing the employee or applicant must be required to report to a licensed testing laboratory for confirmation testing within four hours of the positive on-site test result.
  • Employees or applicants refusing or failing to undergo compliant drug testing and confirmatory tests is basis for an employer to take adverse employment action, provided that such action is included in the advance written notice given to the person involved.
  • There are specific cut--off levels for alcohol, marijuana and opiates. A result falling below the cut-off levels are marked negative regardless of the possible presence of such substances.
  • Anyone who willfully and knowingly violates Hawaii’s drug testing laws may be met with a fine of US$1,000 to US$10,000.
  • A Workers’ Compensation Premium Discount Program is in effect entitling compliant employers to at least 5% premium reduction for implementing effective safety and health programs. While not directly addressed to drug-free workplace initiatives, the law directs the Department of Labor and Industrial Relations to issue relevant regulations.
  • Workers’ compensation benefits may be denied to an employee if injury is by intoxication

Idaho

State: Idaho
Statute of Order: Idaho Code §72-1701 et seq.
Covered Employers: All employers.
Applicant Testing: Testing authorized as a condition of employment.
Employee Testing: Testing authorized, including random testing, after notice to employees. Policy must list types of tests and state that violation is grounds for misconduct discharge. Unemployment benefits may be denied for discharge because of positive result, refusal to be tested, or altering results.
Conditions & Methods: Confirming test after positive results, confidentiality of test, and methods of collection, storage, and transportation that ensure noncontamination of specimen.
Important Bulletpoints:
  • All costs related to drug testing for current employees are to be paid by the employer. Drug and alcohol testing required by an employer is considered work time when it comes to employee compensation purposes.
  • Employers must publish and make available a written policy stating that drug testing may be a requirement as a condition of hiring or continued employment and that violating the policy may result to termination due to misconduct.
  • A confirmation drug test by a certified laboratory using reliable analytical methodologies is required before adverse employment action can be taken by the employer against the offending employee. Confirmatory tests are also required for initial positive alcohol tests.
  • The employee or prospective employee has the right to receive written notice of the positive test result from the employer and must be given the chance to explain the test result with a medical review officer.
  • A retest of the same sample by a mutually agreed upon laboratory must be granted to the person upon request. Request for retest must be submitted within seven days of the positive test notification. The cost of the retest must be paid by the employee or prospective employee. Should the confirmation test result come up negative, the employer reimburses the cost of the retesting.
  • Workers’ compensation benefits may be reduced to 50% if the cause of injury is due to intoxicants.
  • Unemployment benefits may also be denied to the employee for misconduct related to violations of employer’s drug-free workplace policy.
  • Employers get up to 5% reduction on workers’ compensation insurance premium for implementing compliant drug-free workplace programs.
  • No legal action may be taken against an employer for any adverse employment action imposed on an employee on the basis of a confirmed positive drug or alcohol testing done in compliance of the State’s voluntary alcohol and drug-free workplace program’s provisions.

Illinois

State: Illinois
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Employers may not require employees or job applicants to pay for the cost of medical examinations required by the employer as a condition of employment. This is a State law, the violation of which constitutes a petty offense which incurs a fine of not more than US$100 for each offense.
  • A comprehensive drug and alcohol testing program for the public transportation sector is directed by law to be established and enforced by the Regional Transportation Authority, which must abide by any existing relevant Federal regulations.
  • Drug testing for school bus drivers are mandatory. The test must be according to Federal standards and conducted by a licensed physician, an advanced private nurse authorized in writing by a licensed physician, or a physician assistant duly delegated to perform such medical examinations. An applicant for a school bus driver position who acquires a positive test result may not be issued a license for a period of 3 years.
  • State contractors and grantees are required to certify that they will provide a drug free workplace. The applicable law does not explicitly require drug testing but simply says that affected employers must have a written policy on “maintaining a drug free workplace” published and made aware to their employees.
  • Employees in violation of the drug free workplace policy required of State contractors and grantees may be subject to adverse employment action or be required to undergo an authorized drug abuse assistance or rehabilitation program.
  • Violations of the Drug Free Workplace Act for State contractors and grantees may result to suspension of payments, termination and debarment of the contractor or grantee for at least one year but not more than five years.
  • Employees working on public works projects are required to undergo drug testing to be performed by a certified laboratory.

Indiana

State:
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • State contractors for public works projects are required to conduct drug testing of their employees. Bids for projects must be accompanied by written certification of an annual drug testing plan, with a monthly random drug test for at least 2% of the contractor’s employees. Progressive disciplinary action or employee rehabilitation are also key components. Compliant collective bargaining agreements are allowed.
  • The standard tests include five substances namely cocaine, amphetamines, phencyclidine (PCP), tetrahydrocannabinol (THC), and opiates.
  • The costs of employer required medical testing in Indiana are to be paid by employers.
  • Mine workers may be subject to on-site testing or to a test at a medical facility for illegal use of drugs or for alcohol intoxication.
  • School bus drivers in Indiana must not have an addiction to narcotics. However, the applicable law does not explicitly require drug testing as a condition of employment despite a section requiring physical examination. Nevertheless, possession or consumption of a controlled substance or intoxicating liquor by school bus drivers within 6 hours of going to or being on duty is classified as a Class A misdemeanor.
  • Child care employers are also required to conduct drug and alcohol testing of their employees.

Iowa

State: Iowa
Statute of Order: Iowa Code Ann. §730.5
Covered Employers: Public and private employers.
Applicant Testing: Testing authorized as part of pre-employment physical examination if applicant is informed orally at time of application that drug test is required, and if ads and application forms carry notice of drug test.
Employee Testing: Testing authorized when there is probable cause to suspect substance abuse and employee holds job in which impairment would pose a danger, or during annual employee physical, if employee is given 30 days' notice. Random testing permitted so long as specific procedure in the law is followed using a computer-based random number generator that matches employee’s social security number or payroll identification number (selection from entire employee pool, full time employee pool or safety sensitive employee pool). Substance abuse evaluation and opportunity for treatment required for first positive test result. Discipline or discharge authorized for subsequent positive result or failure to complete treatment.
Conditions & Methods: Opportunity for test subject to explain or rebut positive findings and to request confirmation through retesting. Confidentiality of test results, records of positive test removed from personnel file when employee terminates if treatment program was successfully completed.
Important Bulletpoints:
  • Information on existing Employee Assistance Programs must be posted conspicuously. As an alternative, employers must keep a resource file of service providers. Details on how to access such resource files must be posted as well.
  • All testing costs required of employees and prospective employees are to be paid by the employer. The only exception is if the employee requests for a retest. In which case, the employee pays an amount “consistent” with the cost of the first confirmatory test paid by the employer.
  • All tests must be confirmed then reviewed and interpreted by a competent medical review officer before any adverse employment action may be taken by the employer. Confirmation tests must be performed by a HHS-certified laboratory.
  • In the event of a confirmed positive test result, employers must send a certified mail notifying the employee of the test result and of the employee’s right to request a retest, which must be made within 7 days.
  • The results of the second confirmatory test shall be reviewed by the same medical review officer who interpreted the first confirmatory test. If the second confirmatory test result comes out different from the first, the test will be considered not positive and the cost of the second test will be reimbursed to the employee.
  • Employees who are found in violation of the drug free workplace policy of the employer may become ineligible to receive workers’ compensation and unemployment benefits.
  • Employers are not liable for any legal action that may be raised due to any employment action taken by the employer as per the compliant drug-free workplace policy in place.

Kansas

State: Kansas
Statute of Order: Kan. Gen. Stat. Ann. §75-4362
Covered Employers: State government.
Applicant Testing: Testing authorized of applicants for safety- sensitive jobs in state government after a job offer has been made. Advertisements for safety- sensitive jobs must include notice of drug testing requirement.
Employee Testing: Testing authorized of state employees holding safety-sensitive jobs and individuals taking office as governor, lieutenant governor, or attorney general, but only if there is reasonable suspicion of substance abuse, as evidenced by a workplace accident or medical emergency that could be attributed to drug use, by direct observation of impaired performance, by information that the employee is using drugs, or by physical signs of on-the-job drug use. Employee testing positive for the first time must have opportunity to undergo drug evaluation and recommended treatment.
Conditions & Methods: Confidentiality of test results.
Important Bulletpoints:
  • Kansas has a drug screening program for its key State positions and other safety sensitive employees of the State. The program is intended to establish the State government as a model for a drug-free workplace.
  • Among those mandated by Kansas State’s statutes to undergo drug screening is the office of the governor, lieutenant governor or the attorney general. Safety sensitive positions of the State include law enforcement officers, correction officers, parole officers, heads of State agencies, the governor’s staff members, and certain employees of correctional, juvenile and mental health facilities.
  • Employers with a drug free workplace program may be required a written policy in relation to administering workers’ compensation and unemployment benefits. It must be made known to the employees that the policy includes alcohol and controlled substance testing as a required condition of employment.
  • Substance abuse testing with probable cause is allowed as well as voluntary testing for an employee assistance program or similar drug or alcohol rehabilitation program.
  • As per the law, collection and testing for controlled substances must be done by licensed professionals and be performed and confirmed at certified laboratories only.
  • Employees’ refusal to undergo chemical testing for presence of drugs is only admissible evidence if employer can show probable cause.
  • Workers’ compensation and unemployment benefits may be denied for employees impaired due to alcohol intoxication or use of any drugs.

Kentucky

State: Kentucky
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • One specific industry that is mandated to have a drug screening program is in mining. Alcoholic beverages and controlled substances are strictly prohibited within and around the vicinity of mines. Applicant miners are required to present proof of being alcohol and drug free through testing approved by the State Office of Mine Safety and Licensing or through other testing facilities.
  • Coal mine employers are eligible for workers’ compensation premium credit for implementing drug free workplace programs that includes and employee assistance program. The credit should at least be 5% or a similar value that is determined to be actuarially sound.
  • The cost of drug and alcohol testing required for the licensing of miners are to be initially paid by the employee and then later reimbursed by the employer upon employment.
  • As per law, employers may not require employees to pay for the cost of a medical examination that was required as a condition of employment.
  • A Kentucky Administrative Regulation requires the enforcement of controlled substance and alcohol use testing for safety sensitive positions including school bus drivers, school bus mechanics and other safety sensitive jobs requiring a Commercial Drivers License. Pre-employment testing as well as post accident, random and reasonable suspicion testing are allowed for the previously mentioned affected positions.

Louisiana

State: Louisiana
Statute of Order: La. Rev. Stat. §49:1001 et seq., §23:1601(1), §46:460.4
Covered Employers: Public and private employers not subject to a federally mandated testing program.
Applicant Testing: Applicant testing not restricted.
Employee Testing: Employee testing authorized, but employer may not discharge an employee on the basis of first-time positive test findings. Employees who are discharged for drug use, on or off the job, may be disqualified from receiving unemployment compensation. Employees of state contractors subject to random testing.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen, but a witness may be present in case of post- accident testing and testing performed on suspicion of substance abuse, or when there is reason to doubt the integrity of the specimen. Confirming test using different testing method after positive result.
Important Bulletpoints:
  • There exists an Executive Order in Louisiana enumerating a State Employee Drug Testing Policy. Public employers must publish a written policy for pre-employment and employment drug testing compliant to the Order. Allowed tests include reasonable suspicion, post accident, random testing as part of post rehabilitation monitoring, pre-employment, and random as well as pre-promotion to safety sensitive and security sensitive positions.
  • Costs of drug testing are explicitly identified by law as payable by the employer. However, there is a provision that allows employers the option to require a new employee to sign a contract that would withhold the actual cost of pre-employment drug testing from the employee’s wages if the employee resigns within 90 days from his first day of work.
  • School bus drivers are required to undergo controlled substance testing in the State of Louisiana.
  • All confirmatory tests must be done by a Substance Abuse and Mental Health Services Administration (SAMHSA) or College of American Pathologists (CAP) certified laboratory equipped for forensic urine drug testing.
  • It is not a requirement but employers may opt to provide employees who are tested positive for drug use and certified positive by a medical review officer to undergo a rehabilitation program without being terminated.
  • Compliant employers may be eligible for a tax credit equal to 5% of the qualified treatment expenses of the employer for substance abuse treatment services.

Maine

State: Maine
Statute of Order: Maine Rev. Stat. §26:681 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing authorized if applicant has been offered employment or a position on a roster of eligibility. Employer may refuse to hire employee who refuses to test or who tests positive.
Employee Testing: Employee testing authorized if there is probable cause for suspicion of substance abuse that is not based solely on the occurrence of an accident. Random testing authorized of employee returning to work after positive test, of employees in safety-sensitive jobs, and pursuant to a collective bargaining agreement. Employee who tests positive may be referred for counseling or treatment. Discipline or discharge authorized for refusal to submit to test, for subsequent positive result, or for failure to complete treatment.
Conditions & Methods: Written policy providing for testing by certified laboratory, sample collection by nurse or doctor in medical facility, confirming test for employees testing positive, 3-day period for employee to explain or contest findings, and employee option to provide blood rather than urine sample. Before implementation of testing, employers of 25 or more must make suitable arrangements with certified employee assistance program.
Important Bulletpoints:
  • Furthermore, an employer with more than 20 full-time employees must establish a working employee assistance program or be part of a cooperative EAP. The employee assistance program must be duly certified by the Office of Substance Abuse. Compliance to this provision is a requirement without which approval of employer’s drug testing policy may be denied.
  • Random testing is permissible only when the employer has more than 50 full-time employees and the formulation of the testing policy was performed by a committee consisting wholly of employees.
  • Collective bargaining agreements may also call for drug testing for its members but the results of the tests may not be used to take adverse action against the employee. In such cases, approval of the Labor Department is not required.
  • Maine legislation on substance abuse testing differentiates medical examinations for employment purposes from drug testing as a condition for employment.
  • Drug testing including confirmatory tests may only be conducted at HHS compliant laboratories certified by the National Institute on Drug Abuse (NIDA), College of American Pathology (CAP) or the American Association of Clinical Chemistry (AACC).
  • Employer must pay all costs of substance abuse tests required, requested or suggested of an employee except for retests wherein the employee pays the cost if the retest shows positive.
  • Workers compensation and unemployment benefits may be adversely affected for employees who tests positive. Employers are required to provide first time offenders a 6 month opportunity for rehabilitation or treatment.

Maryland

State: Maryland
Statute of Order: Md. Code Ann. Health Gen. §17-214
Covered Employers: All employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized if supported by legitimate business reason.
Conditions & Methods: Testing only by certified laboratory. Confirming test after positive result at employee's expense.
Important Bulletpoints:
  • An existing collective bargaining agreement with contrary provisions may prohibit an employer from conducting preliminary drug screening of job applicants.
  • Maryland’s Department of Mental Health and Hygiene is tasked with certifying laboratories that may conduct alcohol or controlled dangerous substance testing for employment purposes. Drug testing must be done by duly certified testing laboratories only.
  • The services of a medical review officer may be required for confirmed positive test results.
  • Maryland drug testing laws allow for the use of hair specimen for pre-employment purposes only. The hair sample must only be one and half inches long from the body and cannot be used for purposes other than for testing for presence of controlled dangerous substances.
  • In case of a confirmed positive test result, the employer shall provide the donor employee within 30 days a copy of the test results, a copy of the employers’ written policy, the employer’s written notice of intent to take appropriate action, and a statement of employee’s right to request independent retesting for verifying the initial confirmed results. The information may be given personally by the employer or via certified mail.
  • Employers pay for all employment required drug testing costs. For retesting, the donor employee pays the cost of the retest.
  • Workers’ compensation benefits may be denied if personal injury of employee is due to unprescribed use of a controlled substance.

Massachusetts

State: Massachusetts
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Generally, drug testing is allowed for occasions of post accidents or for probable cause. Random drug testing is limited only to safety-sensitive positions according to a State Supreme Court decision.
  • A Massachusetts statute require that the costs incurred by a job applicant or employee for medical examinations required by the employer as a condition for new or continuing employment shall be reimbursed by the employer.
  • Drivers of commercial motor vehicles in Massachusetts are expected to undergo alcohol and drug testing when requested by a law enforcement officer for probable cause. Refusal to submit to alcohol or drug testing or a positive test result may disqualify the driver from operating a commercial motor vehicle for a period of 1 to 3 years. Succeeding infractions will result in being banned to drive a commercial motor vehicle for life.
  • Tank vessel owners and operators are required to have policies and procedures for alcohol and drug testing to ensure that their employees on duty are not under the influence of drugs and alcohol while within territorial waters of Massachusetts.
  • Workers’ compensation and unemployment benefits may be denied of an employee for deliberate misconduct in violation of the employer’s standard rules or enforced policy. For such purposes, a drug free workplace policy may be needed.

Michigan

State: Michigan
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • The Michigan Penal Code states that it is unlawful for any employer to compel new hire or continuing employees to pay for the costs of a medical examination when requested by the employer. Violators may be penalized up to $100 for each instance of the violation. Whether or not employment drug testing is classified as a required medical examination has not been ruled on yet.
  • Under the Drug Dealer Liability Act, the employer of an individual abuser may bring an action for damages against persons who participated in the illegal marketing of a controlled substance used by the individual abuser.
  • Refusal to be subjected to a controlled substance testing administered in a non-discriminatory manner, as may be required by the employer as per set policy or procedure, is a basis for denial of unemployment benefits upon being discharged from employment. Likewise, getting discharged for testing positive for the use of illegal drugs or alcohol intoxication while at work are grounds for denial of unemployment benefits.

Minnesota

State: Minnesota
Statute of Order: Minn. Stat. §181.950 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing authorized, pursuant to employer's written policy and with advance notification of applicant, only after offer of employment has been made and only if all candidates for job are tested.
Employee Testing: Employee testing authorized after an accident, as part of an employee assistance program, when there is reasonable suspicion of substance abuse, or part of annual physical exam, provided employee has two weeks' advance notice. Random testing authorized of employees in safety-sensitive jobs. Employer may suspend or transfer employee testing positive pending outcome of confirming test. Discharge authorized only if employee refuses or fails to complete treatment.
Conditions & Methods: Testing only by certified laboratory, documentation showing chain of custody, and confirming test in case of positive findings. Confidentiality of test results.
Important Bulletpoints:
  • The employer must provide a written drug and alcohol testing policy that is in compliance with the Authorized Drug and Alcohol Testing statute of the State of Minnesota. However, employers are not charged with a legal duty to require drug and alcohol testing to their employees as authorized by law.
  • Employees have the right to refuse drug testing but are nevertheless subject to compliant employment action as per the employer’s policies. Refusal to undergo testing for chemical dependency does not make an employee ineligible to workers’ compensation or unemployment benefits.
  • Apart from safety sensitive positions random drug testing may be performed only for professional athletes and only in accordance to any existing collective bargaining agreements applicable for said athlete if such agreement permits random testing.
  • The costs of medical examination required by employers to their employees or applicants as a prerequisite or condition of employment is payable by the employer. In the case of a confirmed positive test and the employee requests for a confirmatory retest, which should be done within 5 days, the full cost of the retesting shall be at the employee’s expense.
  • First time offenders must be given the opportunity to participate in an employee assistance program if provided by the employer or, as an alternative, a suitable drug or alcohol rehabilitation program at the employee’s expense.
  • An employee who was previously diagnosed as chemically dependent or has failed to complete a treatment program or otherwise control the dependency may be discharged for employment misconduct. The employee would thereby be denied of his or her unemployment benefits.

Mississippi

State: Mississippi
Statute of Order: Miss. Stat. §71-7-1 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized on reasonable suspicion of substance abuse, in connection with rehabilitation or treatment, as part of routine physical exam, or if collective bargaining agreement authorizes random testing. Discharge authorized if employee tests positive or refuses test.
Conditions & Methods: Advance written notice of test, documentation showing chain of custody, and opportunity for employee to explain positive findings. Confidentiality of test results.
Important Bulletpoints:
  • An employee or job applicant required to undergo drug or alcohol testing must be made aware of the employer’s drug testing policy and may be requested to sign a statement that the policy has been read and understood by the employee. Refusal to sign the statement does not prohibit the employer from taking appropriate action nor does it invalidate the results of any tests conducted.
  • Mississippi employers are not to be held liable for any cause of action arising from the drug or alcohol testing program that is compliant with the provisions of the law or an employer’s failure to establish such a testing program.
  • Employees of the Department of Corrections are required to undergo mandatory drug testing. Random testing is permitted in this case.
  • The Drug Free Workplace Workers’ Compensation Premium Reduction Act provides compliant employers with a certification for a 5% discount on workers’ compensation premium for a drug free workplace policy that is in accordance with the Act. The policy must include an employee assistance program or an accessible resource of employee assistance providers and an annual 1-hour employee education with an additional 2-hour training for supervisors.

Missouri

State: Missouri
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods:
Important Bulletpoints:
  • For purposes of administering workers’ compensation and unemployment benefits the employer’s written alcohol and controlled substance workplace policy may be required. The policy must clearly state that a positive test result may be grounds for misconduct which would result in suspension or termination of employment.
  • An employer’s testing policy may include pre-employment testing as well as random, post-accident and reasonable suspicion testing subject to provisions of applicable collective bargaining agreement.
  • Confirmation tests may be requested by the employee at his or her expense. Costs of initial alcohol or drug test required by employer are to be assumed by the employer.
  • Specimen collection shall be in accordance to Department of Transportation procedures and are to be tested only by a laboratory duly certified by the Department of Health and Human Services.
  • Employees in violation of their employer’s drug-free workplace policy may be subject to a 50% reduction or complete forfeiture of workers’ compensation benefits. Unemployment benefits may also be adversely affected due to misconduct as a result of a positive test result or refusal to test.

Montana

State: Montana
Statute of Order: Mont. Code Ann. §39-2- 205 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Testing authorized of applicants for intrastate motor carrier jobs, for jobs in hazardous environments, or jobs that primarily involve security, public safety, or fiduciary responsibility.
Employee Testing: Employee testing authorized, including random testing, on reasonable belief of job impairment, after work-related accident causing injury or damage of $1,500 or more, or as part of regular physical exam for employees of intrastate motor carriers. Disciplinary action authorized if employee presents no reasonable explanation for positive findings.
Conditions & Methods: Advance written notice of testing procedure, confirming test in case of positive findings, and opportunity for employee to rebut positive findings.
Important Bulletpoints:
  • Drug and alcohol testing required of employees are at the employer’s expense. Time attributable to the testing program is considered to be part of regular work hours and all employees must thus be compensated accordingly.
  • An employee in violation of the employer’s policy may be sanctioned appropriately and required to participate in a suitable drug and alcohol treatment or rehabilitation program as a condition for continued employment. In such cases, periodic follow up testing is allowed and may be required.
  • A positive test result must first be reviewed and certified by a medical review officer. A copy of the test report must be provided to the employee who shall be given the opportunity to rebut or explain the test results.
  • The employee may request for an additional confirmatory split-sample test conducted by an independent laboratory chosen by the employee. If the additional test comes up negative, the employer pays for the cost. Otherwise, the additional confirmatory test shall be at the expense of the employee.
  • Workers’ compensation benefits may be denied of an employee if the use of alcohol or drugs is the major cause of the workplace accident. However, if the employer had knowledge of the controlled substance use and failed to try and stop the employee’s use of alcohol or drugs, the ineligibility for benefits does not apply.

Nebraska

State: Nebraska
Statute of Order: Neb. Rev. Stat. §48-1901 et seq.
Covered Employers: Private employers with six or more employees; public employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized without restriction. Discipline or discharge authorized after a confirming positive test or refusal to submit to test.
Conditions & Methods: Confirming test in case of positive findings, option for blood test after positive breath test, and methods to ensure confidentiality of test findings.
Important Bulletpoints:
  • Employers must pay for the costs of medical examination that is required by the employer to any applicant as a condition of employment. Violations of this provision constitute a Class V misdemeanor per individual offense.
  • Confirmatory tests conducted by a certified laboratory in compliance with the federal Clinical Laboratories Improvement Act is required before any adverse employment action can be taken by the employer versus an employee in the case of a positive test result.
  • The act of altering or tampering with the results of drug or alcohol tests is regarded as a Class I misdemeanor and is a ground for disciplinary action including termination of employment. An employee’s refusal to test is also a ground for discontinuation of employment.
  • Workers’ compensation and unemployment benefits may be denied of an employee if the circumstances for the claim are due to intoxication or being under the influence of a controlled substance.

Nevada

State: Nevada
Statute of Order: Nev. Rev. Stat. §284-4061 et seq.
Covered Employers: State agencies.
Applicant Testing: Applicant testing authorized for jobs involving public safety.
Employee Testing: Employee testing authorized for jobs involving public safety. Referral for counseling or treatment authorized for employee testing positive. Discipline or discharge authorized for subsequent positive findings, for workplace use, or for working under the influence.
Conditions & Methods: Testing only by independent laboratory and confirming test in case of positive findings.
Important Bulletpoints:
  • Under Employment Practices particularly the section on Unlawful Employment Practices, testing for controlled substances or the presence of alcohol is differentiated from restricted genetic tests and are therefore permissible to be conducted in the workplace.
  • Nevada has provisions allowing for the medical use of marijuana but does not require employers to accommodate the medical use of marijuana in the workplace.
  • State employees may be required to undergo screening for alcohol and drug use particularly in cases of reasonable suspicion and for post-accident situations involving law enforcement officers resulting in bodily injury or substantial damage to property. Testing may be performed as well for pre-employment purposes for positions affecting public safety.
  • A person may become ineligible for unemployment benefits if he or she was discharged for misconduct from the last or previous to the last employment.
  • For the purposes of administering industrial insurance benefits, requested or ordered alcohol or drug testing must be performed only by licensed testing laboratories. Compensation may be denied if the proximate cause of the injury is due to intoxication or the use of a controlled substance.

New Hampshire

State: New Hampshire
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods:
Important Bulletpoints:
  • The costs of an employee’s medical examination required by the employer as a condition of employment shall not be made at the expense of the employee but rather shall be paid for by the employer.
  • As per the Model Drug Dealer Liability Act, an employer may bring an action for economic and non-economic damages, caused by an employee’s use of an illegal drug, against the person convicted of participating in the distribution of the illegal drug used by the employee.
  • Persons who were discharged from employment due to intoxication or use of controlled drugs are disqualified from receiving unemployment benefits.
  • With regards to workers’ compensation In cases of work related injuries, the employer will not be liable if the proximate cause of the injury is due to intoxication or by willful misconduct of the worker. However, if the employer has knowledge of the employee’s intoxication, the provision is no longer applicable. Intoxication as used in this context includes being under the influence of a controlled drug taken without proper prescription or not in accordance to the instructions of the drug.

New Jersey

State: New Jersey
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Every board of education in the State of New Jersey may require its employees and shall require any applicant awarded with a conditional offer of employment to undergo physical examination which includes testing for the use of controlled dangerous substances. Such tests shall be performed by a physician or laboratory designated by the Board with the costs of the tests shouldered by the Board.
  • The law demands that the cost of any medical examination required by the employer as a condition of entering or continuing employment be paid or reimbursed by the employer and in no way shall be deducted from the employee’s wages.
  • Any action of defrauding the administration of a drug test or producing a false or misleading result for a test for controlled substances constitutes a criminal act in New Jersey.
  • A State Supreme Court decision allows for random drug testing but limited only to safety-sensitive occupations.
  • Workers’ compensation and unemployment benefits may be denied of an employee due to willful negligence which includes intoxication or unlawful use of controlled dangerous substances.

New Mexico

State: New Mexico
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Owners and operators of commercial motor vehicles or commuter services are required by law to certify that they provide an in-house drug and alcohol testing program for persons seeking to be a commuter service driver. Alternatively the motor carrier service may be part of a consortium that provides a compliant drug and alcohol testing program.
  • The validation of a medical review officer is a requirement for a positive test result as part of the mandatory drug and alcohol testing program of a commercial motor carrier.
  • The State of New Mexico allows for the medical use of marijuana under the Lynn and Erin Compassionate Use Act. However, the law does not provide immunity from criminal prosecution for using cannabis while on duty or at the workplace.
  • For purposes of compensation under the Workers’ Compensation Act, controlled substance testing performed on a claimant employee may be considered for claims cases only if it complies with federal Department of Transportation procedures for transportation workplace drug and alcohol testing programs. Furthermore, alcohol or drug tests are required to be conducted only by federal Department of Transportation certified testing laboratories.
  • Workers’ compensation may be reduced by ten percent if intoxication or the use of drugs is only contributory to the injury or death. Otherwise, compensation is altogether prohibited for employees whose injury is solely due to the worker being under the influence of non-prescribed depressant, stimulant, hallucinogenic or narcotic drugs.

New York

State: New York
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • While the general provisions of the law on Labor penalizes employers who require applicants and employees to pay for the costs of any medical examination required by the employer as a condition for employment, there exists a categorical statement in the New York City Administrative Code that drug tests are not to be considered as a type of medical test.
  • Alcoholism and drug abuse are considered diseases as far as New York jurisprudence is concerned. The current illegal use of drugs by employees is outlawed and is a basis for termination. However, persons who have recovered or are recovering from alcoholic or drug addiction are protected by the law and must be allowed reasonable accommodation which may include adjustments to work schedule to allow ongoing treatment.
  • Employers who know of an employee’s current illegal use of drugs are encouraged to offer a leave of absence to the employee with a required attendance at a rehabilitation program and a last chance agreement upon return. If the employee refuses the offer, disciplinary action or termination is authorized.
  • Drug testing of school system drivers is mandatory in New York which may include pre-employment, random, reasonable suspicion, post-accident, and return to duty drug testing. Only certified laboratories may conduct the initial and confirmatory tests and a validation by a medical review officer is required.

North Carolina

State: North Carolina
Statute of Order: N.C. Gen. Stat. §95-230 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing not subject to restriction.
Conditions & Methods: Testing only by approved laboratory, documentation showing chain of custody, and confirming test in case of positive findings.
Important Bulletpoints:
  • Although the regulation on drug testing exists it does not require employers to conduct drug testing. If employers choose to enact drug and alcohol testing programs for their employees, the provisions of the law must be strictly observed. Employers who violate the regulations may be penalized up to a maximum amount of $1,000, with up to $250 per affected employee.
  • Employers who will enforce workplace drug testing must provide their employees as examinees with written notice of their rights and responsibilities as enumerate in the Controlled Substances Examination Regulation Act.
  • Employers must pay for the costs of all controlled substance examinations while the costs of retests requested by the employee are at the employee’s expense.
  • Prospective employees may be subject to on-site drug testing using a US Food and Drug Administration and Department of Health and Human Services approved single-use test device. Current employees may be screened only by an approved drug testing laboratory. Retesting of positive samples may be performed only by an approved laboratory chosen by the employee.
  • For collection and transport of testing samples, the employer has the option to do the tasks himself, send the employee to the approved laboratory or have a third party contractor such as a physician, medical clinic, hospital or a consortium to perform the said tasks.
  • The act of defrauding drug or alcohol tests constitutes a Class I misdemeanor for a first offense while subsequent offenses constitute a Class I felony.

North Dakota

State: North Dakota
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Under provisions of the Worker’s Safety And Insurance laws of North Dakota, any injury caused by illegal use of controlled substances or the use of intoxicants are not compensable injuries.
  • For workers’ compensation claims, the burden of proof is on the employer to show that the employee’s injury is caused by the use of alcohol or illegal use of a controlled substance through compliant drug testing as performed by a physician, qualified technician, chemist or registered nurse in accordance to US Department of Transportation requirements.
  • Although not required, employers in essence are allowed to have a mandatory drug or alcohol testing policy that covers post-accident testing as well as testing on grounds of reasonable suspicion.
  • Employers must pay for all the costs of medical examination required of employees and prospective employees as a condition of obtaining or continuing employment. North Dakota laws categorically include testing for the presence of alcohol or drugs as a medical examination. Infractions of this provision are penalized under Labor laws.
  • An employee’s refusal to submit to testing for the presence of drugs or alcohol on the basis of reasonable suspicion or as per the employer’s mandatory policy constitutes an outright forfeiture of all entitlements to workforce safety and insurance benefits.

Ohio

State: Ohio
Statute of Order: Ohio Admin. Code §4123-17-58
Covered Employers: All employers.
Applicant Testing: Applicant testing authorized with advance notice to applicant and after offer of employment has been made.
Employee Testing: Employee testing authorized on reasonable suspicion of substance abuse, for new hires, after an accident, and as follow-up to a treatment program.
Conditions & Methods: Documentation showing chain of custody and confirming test in case of positive findings. A written policy statement.
Important Bulletpoints:
  • For complying with provisions of a Drug-Free Workplace Program, employers must pay for drug and alcohol testing. The only exception is for employee requested retests, which is at the employee’s expense unless the retest results come out negative. As such, the employer must pay for the cost of the retest.
  • The key components of the Bureau’s Drug-Free Workplace Program includes a written compliant policy statement, employee education, supervisor training, a five-panel drug and alcohol testing consistent with federal standards, and an employee assistance plan or at the minimum a resource file whichever may be applicable.
  • Post-accident chemical testing for employees must be administered within eight hours of the injury for alcohol concentration tests. For controlled substances, the qualifying test must be conducted within thirty two hours of the employee’s injury.
  • State contractors working on public improvement projects as well as their subcontractors and lower-tier subcontractors are required to enroll and be in good standing with the Bureau of Workers’ Compensation’s Drug-Free Workplace Program or similar programs approved by the Bureau. Non-compliance results in a breach of contract which may cause the contractors and subcontractors in violation to be adversely evaluated for future contracts up to a period of five years.
  • Administration of workers’ compensation may be adversely affected for testing positive or for refusal to submit to chemical testing provided that the employees were expressly notified in writing that the results of the test or refusal to undergo drug testing may affect the eligibility of the employee to receive benefits.

Oklahoma

State: Oklahoma
Statute of Order: OK Stat. Tit. 40 §551-565
Covered Employers: Public and private employers
Applicant Testing: Applicant testing authorized with advance notice to applicant and after offer of employment has been made. Notice to be in writing, describing methods, procedures, and policies in detail.
Employee Testing: Employees testing authorized on 30 days' advance notice to employees of policy describing the potential discipline for positive test result.
Conditions & Methods: Procedures must ensure privacy and confidentiality of results. Confirming test in case of positive findings.
Important Bulletpoints:
  • Apart from compliant applicant testing upon conditional offer of employment, authorized chemical tests for controlled substances include reasonable suspicion, post-accident, random testing (with restrictions to public employers for specific positions; unrestricted for private employers), as part of periodic fitness-for-duty medical examination (same restrictions for public employers apply), and post-rehabilitation testing.
  • The employer’s drug or alcohol testing policy must be compliant with the provisions of the Standards for Workplace Drug and Alcohol Testing Act and must be communicated to employees and prospective employees through posting at prominent employee access areas, personally handing a copy of the policy, through mail, or via e-mail with document receipt capability.
  • The employer shall pay for all costs of the drug or alcohol testing as required including confirmation tests and transportation costs of the employee to the testing laboratory. Employee requested retests for confirmed positives to be paid by the employee unless the results of the retesting come out negative. In such cases the employer pays for the cost of the retest. The time allotted to the tests is to be considered as compensable work time.
  • Collection of samples may be performed on-site but only by qualified individuals as determined by the State Board of Health. Actual testing must be conducted at licensed testing facilities only.
  • An employer requiring or requesting an employee to undergo drug or alcohol testing must also provide an employee assistance program, either in-house or contracted, that provides at the minimum substance dependency evaluation and referral services for counseling, treatment and rehabilitation.
  • An employer may only take adverse employment action upon a confirmed positive test result. An employee’s refusal to undergo compliant drug or alcohol testing is also a basis for disciplinary action. For cases of refusal to test or a confirmed positive test, the employee is considered discharged for misconduct and may be ineligible for benefits.

Oregon

State: Oregon
Statute of Order: OR Rev. Stat. § 438.435 et seq.; 659.227
Covered Employers: All employers.
Applicant Testing: Testing authorized if there is reasonable suspicion applicant is under the influence of alcohol or controlled substance.
Employee Testing: Testing authorized if there is reasonable suspicion employee is under the influence of alcohol or controlled substance.
Conditions & Methods: Testing done by third party. All positive test results must be confirmed by a state licensed laboratory.
Important Bulletpoints:
  • Employer shoulders all costs of medical examination required as a condition for employment unless the medical examination is required under a collective bargaining agreement or by a statute or ordinance.
  • Substance abuse testing must be performed only by licensed laboratories in strict compliance to Oregon State’s Clinical and Environment Laboratories statutes. Confirmation testing for positive test results from initial on-site tests that are approved by the State must also be conducted only by licensed laboratories.
  • On-site testing, using non-medical substance of abuse (SOA) screening test kits approved by the US Food and Drug Administration and in compliance with US Department of Transportation standards, may be conducted by employers provided the employer is registered as a Substance of Abuse on-site facility in accordance with the provisions of the rules. An annual registration fee of $50 applies.
  • Injury wherein the major contributing cause is shown by evidence to be the employee’s consumption of alcoholic beverages or the illegal consumption of any controlled substance is not a compensable injury except if the employer had actual knowledge, encouraged or otherwise permitted the consumption of the alcohol or controlled substance.
  • Employees in violation of the employer’s reasonable and compliant policy on controlled substances and alcohol in the workplace may be disqualified for any claim on workers’ compensation and unemployment benefits.

Pennsylvania

State: Pennsylvania
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Program components of the Drug Free Pennsylvania - SWIF Premium Discount Program includes Policy Development (2% discount), a 3-session Employment Assistance Program (1% discount), Employee Training (1% discount), Supervisory Training (1% discount) and a Drug and Alcohol Testing component (1% discount).
  • With regards to workers’ compensation, the employee may receive no compensation for injury or death caused by the employee’s violation of the law including the illegal use of drugs or alcohol intoxication. The burden of proof is on the employer.
  • The act of evading or causing deceitful results in a test for drugs constitutes a third degree misdemeanor in Pennsylvania.
  • A positive drug test or refusal to undergo testing for controlled substances, as required by the employer’s established substance abuse policy, is classified as “misconduct”. The employee is therefore ineligible for compensation with regards to claims for unemployment benefits.

Rhode Island

State: Rhode Island
Statute of Order: R.I. Gen. Laws §28-6.5-1 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing authorized in the private sector after offer of employment has been made. In public sector, testing authorized for jobs involving public safety or when required by federal law.
Employee Testing: Employee testing authorized on reasonable suspicion of substance abuse and in conjunction with rehabilitation program. Random testing prohibited.
Conditions & Methods: Confirming test in case of positive findings, privacy for employee in collection of specimen, opportunity for employee to rebut test findings.
Important Bulletpoints:
  • Employers need to promulgate a drug abuse prevention policy that is in strict compliance with the provisions of the law. An employer who violates these provisions will be deemed guilty of a misdemeanor that carries a fine of up to $1,000 and/or a jail sentence of up to 1 year.
  • There are no regulations particular to how initial testing may be performed but confirmation tests must always be performed by federally certified testing laboratories only.
  • Employers requiring any physical examination as a condition of employment must pay for the cost of examination whether or not the prospective employee is hired. The cost of confirmation testing which may be done by an independent authorized laboratory at the employee’s request must also be at the employer’s expense.
  • Pre-employment drug testing for State and municipal agencies or bureaus is mandatory and applicable only to law enforcement officers, correctional officers and firefighters as well as for positions that are required by federal regulations to undergo testing for substance abuse.
  • Employment required drug testing is authorized only for reasonable grounds based on the employee’s job performance and observations of the employee’s appearance, behavior or speech that shows the use of controlled substance impairs the employee’s ability to perform the job.
  • Employees who are initially tested positive for controlled substances may not be terminated by their employers but must rather be referred to a substance abuse professional for assistance. Follow-up testing may be required by the employer and if such tests indicate continued use of controlled substances, the employer may then proceed with terminating the employee.

South Carolina

State: South Carolina
Statute of Order: S.C. Code §38-73-500,§41-1-15
Covered Employers: All employers.
Applicant Testing: Applicant testing is not subject to restriction.
Employee Testing: Testing authorized, including random testing, with follow-up tests within 30 minutes of initial test.
Conditions & Methods: Positive test results in writing to employee within 24 hours. Written notification of testing program when implemented or upon hire.
Important Bulletpoints:
  • Acts attempting to adulterate or defraud drug screening tests is considered a misdemeanor on the first offense, punishable by a fine of not more than five thousand dollars and/or imprisonment of up to three years. Subsequent offenses are considered acts of felony punishable by a fine of not more than ten thousand dollars and/or imprisonment of up to five years.
  • Through South Carolina’s Drug Dealer Liability Act, the employer of an individual user may seek remedy to bring action for economic and non-economic damages against the person or persons who directly sold or furnished or otherwise participated in the marketing of an illegal controlled substance to the individual user under the employ of the employer.
  • Employers may avail of a credit of at least 5% on workers’ compensation insurance premium for qualified and certified employer drug or alcohol abuse prevention programs in the workplace. The required program components include a compliant policy statement, notification of the policy to all employees and prospective employees, and confidentiality of matters pertaining to an employee’s participation in the program.
  • The testing procedure to be adopted by the employer must include provisions for random sampling and conducting a second test to be administered within 30 minutes of the first test.
  • Refusal to test or evidence of intoxication from alcohol or controlled substances may constitute misconduct resulting in the denial of workers’ compensation and unemployment benefits.

South Dakota

State: South Dakota
Statute of Order: S. Dak. Cod. Laws Ann. §23-3-64
Covered Employers: State government.
Applicant Testing: Testing authorized of applicants for safety- sensitive state jobs after offer of employment, but public announcements and advertisements must carry notice of drug-testing requirements.
Employee Testing: Testing authorized of state employees holding safety-sensitive jobs if there is reasonable suspicion of substance abuse.
Conditions & Methods: Availability of test findings to applicants and employees on written request and methods to ensure confidentiality of test findings.
Important Bulletpoints:
  • In the State of South Dakota, drug dealer liability is legislated wherein employers may bring action to economic, non-economic, and exemplary damages as well as legal fees against drug dealers who directly or otherwise participated in the illegal drug market that brought an employee to possession and use of drugs.
  • South Dakota’s Bureau of Personnel implements a drug screening program for applicants and employees of particular State facilities that provide patient or resident care or supervision. For current employees the screening may be conducted only on the basis of reasonable suspicion of illegal drug use.
  • Employers must pay for the cost of drug testing that they require of their employees. To compel an employee to pay for the cost of a medical examination required by the employer as a condition for employment is a Class 2 misdemeanor in South Dakota.
  • The definition for willful misconduct includes intentional intoxication, the use of illegal drugs, or failure or refusal to perform a duty required. An employee’s Injury or death due to willful misconduct is not compensable as per provisions under workers’ compensation.

Tennessee

State: Tennessee
Statute of Order: Tenn. Code Ann. §41-1-122
Covered Employers: State Dept. of Corrections.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Testing of Corrections Department employees authorized if there is reasonable suspicion of substance abuse. Employees who test positive subject to appropriate disciplinary action, but counseling and rehabilitation must be offered.
Conditions & Methods: Circulation to employee of a written summary of facts forming basis for suspicion and opportunity for explanation, plus confirmation of positive findings.
Important Bulletpoints:
  • Workplace drugs or alcohol testing programs are subject to applicable provisions of collective bargaining agreements and federal rules and requirements.
  • Generally, testing of employees for the unwarranted presence of alcohol may be performed only on the basis of reasonable suspicion. The only exception is for employees holding safety-sensitive positions, wherein employers are authorized to conduct alcohol testing at any occasion.
  • For Tennessee employers a minimum of 5% credit may be awarded on workers’ compensation insurance for drug-free workplace programs that comply with the rules of the division of workers’ compensation.
  • Injury or death due to intoxication or illegal use of drugs constitutes willful misconduct for which no compensation shall be allowed as per workers’ compensation regulations. An employee’s refusal to submit to a drug test gives rise to the presumption that the injury was caused by the use of drugs.
  • Other than applicant testing upon conditional offer of employment, alcohol or drug tests that may be required by the employer for a compliant drug-free workplace program include reasonable suspicion, routine fitness-for-duty, follow-up and post-accident tests.

Texas

State: Texas
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Nevertheless, for employers seeking to adopt a policy for the elimination of drug abuse must abide by the provisions of the rule on Required Elements of a Drug Abuse Policy.
  • Motor carrier registration in the State of Texas requires for a certification that motor carriers are in compliance with the drug testing requirements of the State. Reportorial requirements for any confirmed positive tests from holders of commercial driver’s licenses are also in effect as per Department of Public Safety rules.
  • Employers are allowed, as per provisions under the Texas Labor Code dealing with the chapter on Employment Discrimination, to practice a policy prohibiting the employment of persons who currently uses or possesses a controlled substance.
  • Falsification of a drug test is an offense in Texas with the person committing the act of using substances or devices to falsify drug tests guilty of a Class B misdemeanor and those aiding or delivering substances intended to falsify the test for drugs guilty of a Class A misdemeanor.
  • Any employee claims for workers’ compensation insurance coverage may be denied for employee injuries in which the cause is due mainly to the employee being in a state of intoxication.

Utah

State: Utah
Statute of Order: Utah Code Ann. §34-38-1 et seq.
Covered Employers: Private employers, local government entities, and state institutions of higher education.
Applicant Testing: No restriction on applicant testing in the private sector. Local governments and state colleges may test applicants pursuant to a written policy and with advance notice to applicant. Positive results or refusal to test grounds for not hiring.
Employee Testing: Employee testing authorized pursuant to employer's written policy, distributed to all employees, in cases of possible employee impairment, workplace accidents or theft, safety maintenance, or productivity/quality/security maintenance. Employees who test positive or refuse to be tested are subject to referral for rehabilitation or disciplinary action, including discharge.
Conditions & Methods: Documentation showing chain of custody from time of collection and confirming test in case of positive findings. Testing authorized for employees of local government entities and state institutions of higher education for postaccident investigations, reasonable suspicion situations, preannounced periodic testing, and random testing in safety-sensitive positions or when required by federal law.
Important Bulletpoints:
  • Compliant drug testing of current employees and prospective employees are allowed with the provision that employers and management shall also be periodically subject to testing.
  • Mandatory drug testing is applicable for organizations operating storage or transfer facilities particularly those engaged in transporting high-level radioactive waste within the boundaries of Utah.
  • All costs of drug or alcohol testing required by the employer as condition for employment are at the employer’s expense including transportation costs if applicable.
  • For purposes of administering compensation and benefits, the time allotted to drug or alcohol testing, which may be during or immediately after the regular work period, are considered work time.
  • An employee testing positive or refusal to undergo testing is a basis for disciplinary or rehabilitative actions. Employers may require rehabilitation, treatment or counseling subject to follow-up drug or alcohol testing. Usual procedures related to adverse employment action may also be taken as disciplinary measures.
  • No cause of action may be taken against the employer for enacting a compliant drug or alcohol testing policy unless the employer’s action is based on a false test result. The employer is not liable for monetary damages if reliance on the false result was reasonable and in good faith.

Vermont

State: Vermont
Statute of Order: Vt. Stat. Ann. Tit. 21 §511 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing authorized with advance written notice to applicant, after conditional offer of employment has been made, and if test is part of preemployment physical.
Employee Testing: Employee testing authorized as part of an employee assistance program or when there is probable cause for suspicion of substance abuse. Random testing prohibited. Employer may suspend employee who tests positive for period of rehabilitation, but may not discharge an employee who agrees to rehabilitation after first positive test.
Conditions & Methods: Testing only by certified laboratory, documentation showing chain of custody, confirming test with part of original sample in case of positive findings, and opportunity for employee to explain findings.
Important Bulletpoints:
  • Employers in Vermont may not require employees or job applicants to pay for the costs of medical examination required by the employer for employment purposes.
  • The administration of drug tests pursuant of a compliant workplace policy requires that the employer to designate a specimen collector who may be an in-house employee charged to collect specimens from job applicants, or a qualified non-employee for collecting specimens from current employees for drug testing based on probable cause.
  • The employer must contract a certified medical review officer who shall review and evaluate all drug test results to ensure rule compliance, report the results of the test to the tested individual, provide an employee who tested positive with opportunity for retesting at an independent laboratory at the employee’s expense, and report only confirmed positive drug tests to the employer.
  • Any injury due to the use of illegal drugs is not covered under workers’ compensation. The employer has burden of proof that the drug testing conducted complies with Labor regulations. Violations of any provisions may result to civil penalties amounting to $500 up to $2,000 or criminal penalties of up to $1,000, imprisonment of up to six months or both.

Virginia

State: Virginia
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Insurers for workers’ compensation benefits are to provide premium discounts of up to 5% for employers enacting compliant drug-free workplace programs. The insurers are to establish the criteria for compliance that would allow employers to be eligible for the discount.
  • Employers may not require employees or applicants for employment to pay for the costs of medical examination required as a condition of employment under penalty of a fine not to exceed $100 for every infraction.
  • Any attempt to defeat or defraud drug and alcohol screening tests in the State of Virginia is a violation that constitutes a Class 1 misdemeanor.
  • With regards to workers’ compensation benefits, an employee’s injury or death caused by the employee’s intoxication, willful breach of any reasonable rule or regulation adopted by the employer with the employee’s prior knowledge, and the employee’s use of an identified non-prescribed controlled substance are all grounds for denial of compensation.
  • Unemployment benefits may likewise be denied if the employee was terminated for misconduct, the definition for which includes confirming positive to a compliant standard drug test for a non-prescribed controlled substance under the employer’s known bona fide workplace drug policy.

Washington

State: Washington
Statute of Order: Wash. Rev. Code §49.127.1 et seq., Wash. Admin. Code §356-46-125, §356-05-128
Covered Employers: Private employers seeking to qualify for a 5% workers' comp. premium discount, with approval by state authorities.
Applicant Testing: Applicant testing authorized with advance written notice to applicant and after conditional offer of employment has been made.
Employee Testing: Testing authorized for private employers on 60 days' notice to employees, in cases of workplace accidents, as part of an employee assistance program, on reasonable suspicion of substance abuse, or at random. Employers' written substance abuse policy must be posted and distributed to employees. State agencies can test on reasonable suspicion—stated in writing—for safety-sensitive positions pursuant to a written testing policy.
Conditions & Methods: Testing only by certified laboratory, documentation showing chain of custody, confirming test for positive result, opportunity for employee to explain results, and methods to ensure confidentiality of test findings. First-time positive test result may not be grounds for termination. State agency policy must be approved by collective bargaining representative.
Important Bulletpoints:
  • The medical use of marijuana is regulated in Washington State and may not be accommodated in any place of employment.
  • Holders of commercial driver’s license driving commercial motor vehicles are deemed to have given consent and are therefore subject to mandatory drug and alcohol testing. Law enforcement officers may administer the tests for reasonable cause. Refusal to undergo testing is a basis for disqualification from operating a commercial motor vehicle.
  • Motor carriers or employers with drivers who operate commercial motor vehicles and are required to have a compliant drug or alcohol testing program must report employees who refused to submit to required testing for the presence of alcohol or controlled substances to law enforcement or the employer’s medical review officer.
  • All medical review officers, who are contracted by motor carriers or employers operating commercial motor vehicles, are required by law to report to the department of licensing a commercial driver’s verified test results found positive for alcohol or controlled substances.
  • Unemployment benefits may be denied of employees who are terminated for misconduct. The law stipulates that alcoholism does not constitute a defense in this case.

West Virginia

State: West Virginia
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • It is unlawful in West Virginia to require an employee or job applicant to pay for medical examinations required by the employer as a condition of employment. Employers in violation of this provision shall be penalized up to $100 for every instance of the violation.
  • State contractors working on public improvement projects are required to have a drug or alcohol testing program for their employees, paid for by the contractor/employer.
  • A State Supreme Court decision prohibited random drug testing by a private employer in West Virginia. However, random testing is permitted for employees of State contractors, for a period of one year after previously testing positive or caught adulterating test results, as part of appropriate disciplinary measures in accordance with a written drug-free workplace policy.
  • Prospective employees for correctional facilities in West Virginia are required to pass a pre-employment drug screening prior to being hired.
  • Employees may not be entitled to receive Workers’ Compensation Fund benefits for work related injuries or death caused by intoxication of the employee. For this purpose, the employer may require post-accident blood testing for the presence of intoxicants based on reasonable and good faith suspicion.
  • Similarly, employees terminated for misconduct, which includes being intoxicated while at work or being under the influence of any controlled substance while at work, are disqualified from receiving unemployment benefits.

Wisconsin

State: Wisconsin
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • State contractors for public works are required, prior to commencing work on a project, to have in place a written substance abuse prevention program for their employees especially for those working on the projects.
  • Drug testing required for state contractors include random, reasonable suspicion, and post-accident as well as drug and alcohol testing prior to commencement of work on a project. All costs related to the program for substance abuse prevention as required shall be at the employer’s expense.
  • All drug testing pursuant to the provisions pertaining to state contractors must be performed in accordance to federal guidelines and procedures established by the Department of Health and Human Services.
  • Employees of State contractors who test positive, refuses to undergo drug or alcohol testing, or otherwise violates the provisions of the regulation may not perform nor have access on the work project. The law allows employers to immediately remove any employee from work on a project under such conditions or when representatives of the contracting state agency have reasonable suspicion and requests for the removal of the employee in question.
  • Workers’ compensation benefits may be decreased by 15% up to a maximum value of $15,000 for injuries that are due to alcohol intoxication, illegal use of controlled substances or analogs, or the employee’s failure to abide by any known reasonable rule adopted by the employer.

Wyoming

State: Wyoming
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Wyoming statutes provides a discount in an amount not to exceed 5% of the base rate for the employment classification for employers that have implemented compliant drug and alcohol testing programs approved by the Wyoming Workers’ Safety and Compensation Division.
  • The discount program mentioned here is completely voluntary on the part of employers. One component advocated for enforcing drug-free workplace policies is the establishment of an employee assistance program. However, the rules stipulate that nothing shall be construed as imposing on any employer a requirement to pay for the costs of treatment or other interventions.
  • Employers who elect to adopt a compliant drug-free workplace program must pay for all costs of drug or alcohol testing of employees as part of implementing the program. Employee testing for alcohol or controlled substances must be in accordance with federal Department of Transportation rules.

The state drug testing laws listed above are for informational purposes only and should not be construed as legal advice. The state drug testing laws on this page may become outdated at any point in time. Therefore, if you are an employer, it is best to give us a call to learn the most current information about drug testing in your specific state: 1.800.457-4647 ext. 205.

In our offices, we have a more up-dated and comprehensive listing of state drug testing laws for each state than the limited information offered below through the links we provide from a .gov (government) site. However, the resources we use in our offices are by paid subscription from a third party and copyright protected. Therefore, we cannot reprint the information on our site…nor are we permitted to duplicate it, mail, or fax copies. Thank you for understanding!

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