Workers' Compensation and Disability Benefits, Immigration Laws for Employers and Employees, Retaliation for Exercising Employee Rights, Employment Discrimination Laws: 50-State Survey, Meal and Rest Break Laws in the Workplace: 50-State Survey, Family and Medical Leave Laws for Employees: 50-State Survey, Paid Sick Leave Laws for Employees: 50-State Survey, Vacation Time Laws for Employees: 50-State Survey, Jury Duty Leave Laws for Employees: 50-State Survey, Voting Leave Laws for Employees: 50-State Survey, Drug Testing Laws in the Workplace: 50-State Survey, Social Media Privacy Laws in the Workplace: 50-State Survey, After extending an offer of employment to a job applicant (limited testing is allowed if it is conducted based on reasonable classifications of job positions), When a test is part of a routine fitness-for-duty medical examination, As follow-up to an employee assistance program or rehabilitation program that an employee entered as the result of a positive test (but not if the employee entered the program voluntarily), When an employee has caused or contributed to an on-the-job injury that resulted in a loss of work time, Investigating possible employee impairment, Maintenance of safety for employees, customers, clients, or the public, Maintenance of productivity, the quality of products or services, or security of property or information, Reasonable suspicion that an employees drug use may adversely affect their job performance or the work environment, Investigation of possible employee impairment, Investigation of accidents in the workplace, Maintenance of productivity, quality of products or services, or security of property or information, Job applicant testing after a conditional offer of employment, Routine fitness-for-duty testing (when the test is a routine part of a routinely scheduled fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group), Follow-up drug testing after an employee completes an employee assistance program or rehabilitation program (unless the employee voluntarily entered the program), Post-accident testing after an accident that results in an injury, Job applicant testing (refusal or positive confirmed test may disqualify an applicant), Routine fitness-for-duty testing (when a test is part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group), Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program (unless the employee entered the program voluntarily), Job applicant testing after extending an offer of employment (limited testing is allowed if it is conducted based on reasonable classifications of job positions), Reasonable suspicion testing of employees, Testing as part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group, Follow-up testing after the completion of an employee assistance program or rehabilitation program entered as the result of a positive test (unless the employee voluntarily entered the program), Testing of an employee who has caused or contributed to an on-the-job injury that resulted in a loss of worktime, Unannounced testing of employees selected from certain specified pools, Testing during and after the completion of rehabilitation, Testing related to investigating workplace accidents that resulted in certain injuries to employees or property damage greater than $1,000, After selection through a statistically valid, unannounced random method, Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program, After a workplace accident that requires someone to receive off-site medical attention, Testing while undergoing rehabilitation or treatment, Job applicant testing after an offer has been made to the applicant (if the same test is conducted for all applicants for that position), Routine physical examination testing (no more than once annually), Random testing, but only for safety-sensitive positions and professional athletes, Reasonable suspicion testing, based on a suspicion that the employee is under the influence, has violated the employers drug policy, has sustained an injury or caused an injury to another employee, or has caused a workplace accident or operated machinery involved in an accident, Treatment program testing during chemical dependency treatment or evaluation, and for two years after the completion of a treatment program, Neutral selection, including testing as part of routine fitness-for-duty medical examinations, related to a drug abuse rehabilitation program, or within 12 months of a previous positive confirmed test of the employee, Work-related injury to the employee, or when they assert a work-related injury, Prospective employee testing as a condition of hire, Random testing if certain procedures are followed, Follow-up testing after an employee has a verified positive test (for up to one year after the employer first requires a follow-up test), Reasonable suspicion that an employees faculties are impaired on the job as a result of drug use, Reasonable belief that an employees action or failure to act caused a work-related accident resulting in death, injury, or property damage greater than $1,500, Describe the method for selecting employees to be tested, Warn employees of the lingering effect of certain drugs in the system, Notify employees of the consequences of a positive test or refusal, Pre-employment or new hire testing (or a combination), Post-accident testing of anyone who may have caused or contributed to an accident, following an accident investigation, Return-to-duty testing for employees who get a second chance after a positive test, Follow-up testing for employees who retain employment after a positive test and return to duty, Job applicant testing, in addition to testing for transfers and reassignments, For-cause testing when an employer reasonably believes that the employee may be under the influence, Post-accident testing when the employee or another person has been injured at work, or property has been damaged while at work, Random testing, which may be limited to certain employment classifications or groups, Fitness-for-duty and return from leave testing, as well as other testing scheduled routinely as part of the employers policy, Post-rehabilitation testing after an employee returns to work following a positive test or participation in a drug dependency treatment program, Job applicant testing after a conditional offer of employment (potentially limited testing if it is based on a reasonable classification), Fitness-for-duty testing, which may be related to a medical exam or scheduled routinely for all members of an employment classification or group, Post-accident testing when an accident results in an injury, Investigation of workplace accidents or workplace theft, Maintenance of safety for employees or the public, The employer has probable cause to believe that the employee is using a drug on the job, or is under the influence, The employer has a bona fide drug rehabilitation program available for the employee being tested, The employee is not terminated after a positive result if they agree to participate in the program and successfully complete it, The administration of the test follows certain procedures, Deterrence and detection of illegal drug use or possession, or prescription drug abuse, Investigation of workplace accidents, workplace theft, or other employee misconduct, Random testing (conducted on 20 percent or more of the average staff annually). Employers have substantial discretion in devising and implementing drug testing policies. No notice of pre-adverse action is required. Joanne Marian Segovia, a California grandmother, is accused of running a drug ring out of her home. There are some job categories in which federal rules on drug tests apply, and employers must abide strictly by those rules. An employer that violates the drug testing law may be liable to an employee or job applicant for damages and other remedies. 20-37.19(c) of positive result in an alcohol or drug test of a person holding a commercial drivers license, and subject to any appeal of the disqualification pursuant to G.S. An employer must implement a written policy, which must provide a 60-day notice before implementing substance abuse testing if the employer is implementing a new policy to enter the program. Joanne Marian Segovia, a California grandmother, is accused of running a drug ring out of her home. West Virginia has a mandatory drug testing law, but with rewards similar to voluntary laws. Connecticut also provides certain requirements that an employer must meet before it can take an adverse action against an employee or job applicant solely due to a positive test. California does not have a generally applicable drug testing law. Under state law, hemp-derived delta-8 THC with less than 0.3% THC is legal to buy and sell. We use cookies to offer you a better site experience and to analyze site traffic. Potential purposes may include: An employer also may conduct drug testing on a random or chance basis. The employer must give appropriate consideration to the results of the second screening test. The Colorado Court of Appeals has ruled that an employee cannot sue for wrongful termination after being fired for testing positive, or for refusing to take a drug test. An employer that meets the requirements of the Georgia law can qualify for a discount on workers compensation insurance premiums. A related North Dakota law provides that an employer must bear the cost of a medical examination, such as a drug test, if it requires an employee or job applicant to undergo the examination as a condition of retaining or obtaining employment. A confirmed failed test that shows a violation of the written policy, or a refusal to provide a sample, may result in consequences such as termination, suspension, or refusal to hire. 
These categories do not effect DOT regulated drug testing. State law gives private employers the right to a drug test as they see fit as long as the guidelines are properly documented. Kentucky has become the 38 th state in the U.S. to legalize cannabis for medical use. Under the Florida drug testing law, an employer must conduct the following types of drug tests: An employer also may conduct random testing or other lawful forms of testing. If an employer chooses to conduct drug testing pursuant to this law, it must state this choice in its written policy on drug use, which will trigger certain rights and obligations for the employer, employees, and job applicants. New Mexico does not have a generally applicable drug testing law. No lab should be used unless it agrees in writing to routinely provide the company with copies of the test results, showing which tests were performed, what substances were found, and in what amounts (either specific concentrations or an indication of what the cut-off levels for a positive result were). What are some of the most notable laws governing the drug test for employment in each state? Other things could be included as well; the term "for cause" is up to the employer to define. Section 481.121 of the Texas Health and Safety Code Serious drug use could impair a new hires ability to work effectively. Web(l) An employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by the Agency for Health Care Administration to ensure proper recordkeeping, handling, labeling, and identification of all specimens tested. December 3, 2021. Massachusetts does not have a generally applicable drug testing law. City of Honolulu mandates tests for public employment. Some contracts specify that workers coming into a client's facility will be subject to drug testing. Drug screening and testing for Work First Program applicants and recipients. State legislatures have thus far not intruded, leaving these determinations to the discretion of local school boards. Return to Businesses & Employers
"For cause" circumstances might include such things as reasonable suspicion by a supervisor that an employee may be in violation of the policy, reports from any witnesses, bizarre, unsafe, or threatening behavior on the employee's part, or involvement in a work-related accident ("involvement" means either being hurt or causing or contributing to the accident). LEARN MORE According to the Centers for Disease Control and Prevention, more than 107,000 people died of drug overdoses in a 12-month period ending in January 2022. In Texas, possession of up to 2 ounces of marijuana is a Class B misdemeanor, which can be punishable by up to 180 days in jail and a $2,000 fine. An employer at the Advanced level must meet the same requirements as an employer at the Basic level, in addition to 15 percent random testing. The Drug-Free Workplace Act requires organizations that receive a federal contract worth at least $100,000 or a federal grant of any size to implement a drug-free workplace policy. Arizona has a voluntary drug testing law. Texas Law Section 481.120 of the Texas Health and Safety Code Makes intentionally or knowingly delivering marijuana a criminal offense of varying severity based on the amount of marijuana delivered. An employer at the Advanced level also must pre-establish a working relationship with an employee assistance professional to whom they can refer employees with substance problems for assessments. Drug-Free Workplace Policy, Chapter 8, GM (DOCX) HR-176 For Cause Drug Testing Form (DOC) HR-177 Critical Incident Drug Testing Form (DOC) Texas Law Texas Health and Safety Code, Chapter 481 The Texas Controlled Substances Act classifies tetrahydrocannabinols (THC) in penalty group 2 for the purposes of criminal penalties. It is not regarded under the ADA as a medical examination, so it may be done at any point of the selection process, but due to cost issues, most companies restrict such testing to the final candidates for a position. Texas laws In Michigan, residents voted to legalize marijuana completely in the 2018 November election. Under the Vermont drug testing law, an employer can conduct drug testing only if all of the following conditions are met: An employee may be suspended after a positive test, but only for the time needed to complete the program or for three months, whichever is shorter. Donations to the ACLU are not tax-deductible. If a job applicant tests positive for marijuana, an employer may refuse to hire them even if they were validly prescribed marijuana for a medical condition. Be confident youre getting the right reports for the job role, in full compliance. The Oklahoma drug testing law generally permits an employer to conduct testing only in the following situations: An employer must adopt a written policy for its drug testing program and must provide at least 10 days notice to its employees when it implements or changes a drug testing policy. A court likely will balance the reason for drug testing against the intrusion into employee privacy. The Connecticut drug testing law provides that an employer generally cannot conduct a urinalysis drug test unless the employer has a reasonable suspicion that the employee is under the influence of drugs, which could adversely affect their job performance. As such, policies vary widely nationwide, and even from district to district within given states. Testing required for an employer at the Basic level generally includes: Post-accident testing is not required when the accident caused only a minor injury, work rules were not violated, the investigation determined that there was no reasonable suspicion related to the accident, and the accident is considered normal in view of the job duties of the injured employee. ( NewsNation) A bipartisan bill aimed at tackling the fentanyl crisis has failed to pass in California. Government and state education must provide a written policy and advance notice. Purposes may include: An employer also may conduct drug testing on a random or chance basis. 
Any testing or retesting must be performed within the terms of a written policy that has been distributed to employees and is available to prospective employees. An employer cannot require a job applicant to undergo a drug test as part of the application procedure unless the job applicant receives written notice at the time of the application that the employer intends to conduct a drug test, and certain other requirements are met. While it is common for such a policy to be part of an overall policy manual, it is probably best to have each employee sign a separate form consenting specifically to the search and testing policy. Drug testing, for example, may be mandated for some types of employees, as is the case with workers subject to U.S. Department of Transportation mandatory testing guidelines. Employers must advertise and include on applications notice that a drug test will be required. Employers that fail to present those types of documentation in response to an unemployment claim will lose the UI claim. Under the Minnesota drug testing law, an employer may conduct drug testing only in the following situations: An employer is not required to conduct drug testing in any of these situations, and any testing must be conducted pursuant to a written policy and performed by an approved laboratory. A positive screening test for a prospective employee generally must be confirmed by a second examination of the sample by an approved laboratory. We also use third-party cookies that help us analyze and understand how you use this website. Administrative assistant, Pathways Church. In child custody cases, the most common drug test is a urine drug screen. Wyoming has a voluntary drug testing law. The most important federal laws and regulations of this type to consider are: The Americans with Disabilities Act (ADA) of 1990. State laws intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Private employers, school transit suppliers, and the state government. *Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Under the Georgia drug testing law, an employer must conduct the following types of drug tests: A private employer also may conduct random or other lawful testing of employees. The laws are explained in the Texas Penal Code and the Texas Controlled Substances Act, Health and Safety Code. Sections 481.120 and 481.121 make delivery and possession of marijuana a criminal offense. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. (Those laws are not covered in detail here.) Under the Utah drug testing law, an employer may conduct drug testing for the following purposes: Employers and management must submit to drug testing on a periodic basis. An employee may request independent testing of the same specimen to verify the test results. Reasonable suspicion testing may be easier to justify than random testing. Laboratory Resources. Return to TWC Home, U.S. Department of Transportation mandatory testing guidelines, "Drug and/or Alcohol Testing Consent Form". "Last year, 1,773 Arizonans lost their lives to opioid overdose.Nearly all of these cases involve synthetic Certain requirements apply to public works contractors. An employer must adopt a written policy for drug testing and inform employees of the policy WebState laws intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be It would be legal to fire the employee for refusing to sign an acknowledgment of the policy, but that should not be done until and unless the employee has been warned, preferably in writing and witnessed by others, that discharge can result from refusal to sign. As a policy matter, student drug testing in public schools is widely determined by school districts. A more specific law provides that no employer may receive a grant or contract worth $50,000 or more from any state agency unless the employer has certified to the agency that it will establish a drug-free workplace by following certain steps provided by the statute. 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