Drug Testing Laws By State

Workplace Drug Testing Laws by State

Click on a state below for an understanding of it’s drug testing laws.

In each U.S. state, the specifics of drug testing regulations can vary significantly. Some states have specific statutes governing drug testing in the workplace, outlining permissible testing methods, procedures, and employee rights. Other states rely on common law principles or guidelines issued by regulatory agencies to govern drug testing practices.

It’s essential for employers to understand and comply with state and federal laws when implementing drug testing policies and procedures. Additionally, consulting with legal counsel familiar with state employment laws can provide guidance on specific legal requirements and best practices related to drug testing

THE ABOVE INFORMATION IS NOT OFFERED AS LEGAL ADVICE, BUT IS INSTEAD FOR INFORMATIONAL PURPOSES.

Alabama

Alabama has a voluntary drug testing law.

An employer that meets the requirements of the Alabama law can qualify for a discount on workers’ compensation insurance premiums. Under the Alabama drug testing law, an employer must conduct drug testing in the following situations:

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)
Reasonable suspicion testing
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

Employers may conduct random or other lawful testing as well. An employer must allow 60 days between notice that a substance abuse testing program is being implemented and the beginning of the actual testing. If an employee or job applicant receives a positive confirmed test result, they have five working days to contest or explain the result.

For companies that wish to qualify for a 5% discount on their workers’ compensation premiums, they must comply with this law; other companies are not mandated to comply with this statute. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

ALABAMA CODE 25-5-330 to 25-5-340 (2000) ALABAMA CODE 480-5-6-1 to .04 (1996)

Area of focus	Status	Comments
Setting/circumstance	Defined	The following types of testing are required with conditions: pre-employment, periodic, follow-up and for cause. Return-to-duty, post-accident and random permitted, but not required.
Drugs tested (pan	Defined	Amphetamines, cannabinoids, phencyclidine, methadone, opiates, cocaine, methaqualone, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any of these substances.
Specimens permitted	Defined	Broadly defined: tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol.
POCT screening devices	Prohibited	Permitted outside this voluntary law but not by companies that wish to qualify for the WC discount.
Alcohol testing	Permitted	Must comply with U.S. DOT standards; positive equals .04 for safety-sensitive jobs, .08 for all other jobs.
EAP	See Comments	Employers must provide either an EAP or information about how to access EAP-type services.
Certified laboratory	Required	SAMHSA- or CAP-certified labs only.
WC premium discount	Permitted	When compliant with law qualifies for 5% discount.
WC claim denial or reduction	Permitted	Refer to ALA Code 25-5-51 (2006). Requires compliance with 49 CFR part 40 drug and alcohol testing regulations.
Unemployment denial	Permitted	Refer to ALA Code 25-4-78 (Supp. 2005). Requires compliance with 49 CFR part 40 drug and alcohol testing regulations or equivalent standards.

Alaska

Alaska has a voluntary drug testing law.

An employer that meets the requirements of the Alaska law can qualify for certain legal protections, such as a shield against liability for any actions taken in good faith based on a positive test. Under the Alaska drug testing law, an employer may conduct testing for any job-related purpose consistent with business necessity and the terms of a drug testing policy. Potential purposes may include:

Investigating possible employee impairment
Investigating accidents in the workplace
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 employee’s drug use may adversely affect their job performance or the work environment

An employer also may conduct drug testing on a random or chance basis. An employer must adopt a written policy for drug testing and inform employees of the policy before implementing it. Testing may not be initiated until 30 days after the employer notifies employees. An employee may request an opportunity to explain a positive result within 10 working days after receiving notice of the result, and the employer must provide this opportunity within 72 hours after receiving the request, or before taking adverse employment action.

For companies that wish to qualify for limited legal protections they, must comply with this law; other companies are not mandated to comply with this statute. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

ALASKA STATUTES 23.10.600 – 23.10.699

Area of focus	Status	Comments
Setting/circumstance	Defined	Permitted in all circumstances. However, if testing is conducted, it must be done among all employees, including management. As well, pre-employment testing must be post-offer. Random testing is limited to safety-sensitive positions per case law. Post-accident is limited to those believed to have contributed to causing the accident.
Drugs tested (panel)	Defined	Drugs with SAMHSA-established cut-off levels at a minimum. See Alaska Statutes Title 11, Chapter 71 for a list of controlled substances included in the state’s definition of “drugs.” Notice of other drugs to be tested for and their cut-off levels must be given to donors in advance.
Specimens permitted	Defined	Urine or breath only.
POCT screening devices	Permitted	FDA-cleared devices only; many conditions apply; positives must be confirmed with GC-MS; a written record of the result must be provided to the individual.
Alcohol testing	Permitted	Permitted for employees; not permitted for applicants.
EAP	Not Mentioned
Certified laboratory	Required	When not using on-site kits lab must be certified by SAMHSA, CAP, American Assn. of Clinical Chemists.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Alaska Statute §23.30.235.
Unemployment denial	Permitted	Refer to Alaska Statutes §23.20.379. Requires compliance with voluntary law.

Arizona

Arizona has a voluntary drug testing law.

An employer that meets the requirements of the Arizona law can qualify for certain legal protections, such as a shield against liability for any actions taken in good faith based on a positive test. Under the Arizona drug testing law, an employer may conduct testing for any job-related purposes that are consistent with business necessity and within the terms of the written employer policy. Purposes may include:

Investigation of possible employee impairment
Investigation of accidents in the workplace
Maintenance of safety for employees, customers, clients, or the public
Maintenance of productivity, quality of products or services, or security of property or information
Reasonable suspicion that an employee’s drug use may adversely affect their job performance or the work environment

An employer also may conduct drug testing on a random or chance basis. Any testing must be carried out within the terms of a written policy that has been distributed to every employee subject to testing, or that has been made available to employees in the same manner as they are informed of other personnel practices. An employer also must inform prospective employees if they must undergo drug testing.

For companies that wish to qualify for limited legal protections, they must comply with this law; other companies are not mandated to comply. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

ARIZ. REV. STAT. ANN. 23-493 TO -493.11 (1995 & SUPP. 2005) (TITLE 23, CHAPTER 2, ARTICLE 14)

Area of focus	Status	Comments
Setting/circumstance	Defined	Permitted in all circumstances. If testing is conducted, it must be done among all employees, including management. Post-accident testing is only permitted immediately after the event and of those suspected of causing the accident.
Drugs tested (panel)	Defined	Any substance considered unlawful under the schedules of the controlled substances section of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812) or the metabolite of the substance.
Specimens permitted	Defined	Urine, blood, hair, saliva, breath, or other body specimens.
POCT screening devices	See Comments	Even though the law expressly requires drug testing to be done in a laboratory, it contains a clause stating that nothing in the statute “shall be construed to encourage, discourage, restrict, limit, prohibit or require on-site drug testing or alcohol impairment testing.” (23-493.04 E)
Alcohol testing	Permitted	Permitted; .08 or above is positive by a “scientifically accepted method.”
EAP	Not Mentioned
Certified laboratory	Required	SAMHSA, CAP or Arizona Dept. of Health Services.
WC premium discount	Not Mentioned
WC claim denial or reduction	Prohibited	Arizona Revised Statutes Annotated §23-1021 was ruled unconstitutional by the AZ Supreme Court in Grammatico v. The Industrial Commission.
Unemployment denial	Permitted	Refer to Arizona Revised Statutes §23-619.01; requires employer to conduct drug and alcohol testing in compliance with the guidelines of the voluntary law (Title 23, chapter 2, article 14).

Arkansas

Arkansas has a voluntary drug testing law.

An employer that meets the requirements of the Arkansas law can qualify for a discount on workers’ compensation insurance premiums. Under the Arkansas drug testing law, an employer must conduct drug testing in the following situations:

Job applicant testing after a conditional offer of employment
Reasonable suspicion testing
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

An employer also may conduct any lawful testing beyond this minimum testing. At least 60 days must elapse between the notice to employees that the employer is implementing a drug-free workplace program and the start of the program. An employee or job applicant has five working days after receiving notification of a positive confirmed test result to contest or explain the result.

For companies that wish to qualify for a 5% discount on their workers’ compensation premiums they must comply with this law; other companies are not mandated to comply with the statute. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

ARK. CODE ANN. 11-14-101 TO 11-14-112 (2002 & SUPP. 2003): ARK. REGS, RULE 36

Area of focus	Status	Comments
Setting/circumstance	Defined	Permitted in all circumstances. The following is required: -Applicant testing for drugs is required; alcohol is optional. -Reasonable suspicion within 24 hours of report/observation of suspicious behavior. -Post-accident when injury results per DOT procedures: 8 h/alcohol and 32 h/drugs. -Periodic exam if part of routine medical exam per company policy or when such exams are required of all workers in a particular class of job. -Follow-up when rehab is offered to policy violator; permitted but not required for workers who voluntarily enter rehab; testing must occur at least once a year for a 2-year period.
Drugs tested (panel)	Defined	SAMHSA panel.
Specimens permitted	Defined	Specimen means “tissue, fluid, or a product of the human body capable of revealing the presence of alcohol, drugs or their metabolites.”
POCT screening devices	Prohibited
Alcohol testing	Required	Specific requirements for alcohol testing are included in the statute.
EAP	Not Required	Mentioned, but specifically not required. Must provide sampling of info on available EAPs in area.
Certified laboratory	Required	Licensed by state and in compliance with SAMHSA, CAP, or other state-recognized certification.
WC premium discount	Permitted	5%.
WC claim denial or reduction	Permitted	Refer to Arkansas Code Annotated § 11-9-102(4)(B)(iv).
Unemployment denial	Permitted	Refer to Arkansas Code Annotated § 11-10-514(b). Requires drug or alcohol test to be conducted in accordance with DOT regulations and the employer’s written policy.

California

California does not have a generally applicable drug testing law.

Drug testing programs sometimes may face challenges based on the right to privacy provided by the California Constitution, although they are not unconstitutional on their face. A court likely will balance the reason for drug testing against the intrusion into employee privacy. Reasonable suspicion testing may be easier to justify than random testing.

Employers may require job applicants to undergo drug testing if this is conducted in a non-discriminatory way. 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.

Case law affects who can be tested and under what circumstances. Additionally, San Francisco has an ordinance that restricts drug testing in a number of ways. Employers should consider legal decisions related to drug testing prior to establishing a drug-free workplace program that includes any type of drug testing.

THIS STATE DOES NOT HAVE DRUG TESTING LEGISLATION.

Area of focus	Status	Comments
Setting/circumstance	See Comments	Definition affected by case law and stringent privacy law. Applicant testing for safety-sensitive occupations is upheld by case law; probably permitted for others, but not in case law. Post-accident only if drug abuse is suspected and best limited to safety-sensitive workers. Periodic exam only if it is part of a pre-employment exam. Return-to-duty is also restricted to safety-sensitive positions. Random is not recommended, no matter what industry. All other circumstances are restricted.
Drugs tested (panel)	Not Mentioned
Specimens permitted	Not Mentioned
POCT screening devices	Restricted	Dept. of Health does not actively seek to restrict on-site tests or POCT. Cal. Business & Professions Code §1206 requires all tests to take place at a certified laboratory.
Alcohol testing	Restricted	Same qualifications apply as for drug testing.
EAP	Not mentioned
Certified laboratory	See Comments	Strongly encouraged given the litigious environment in the state. Refer to Cal. Business & Professions Code §1206 for requirement of who can conduct such a test.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to California Labor Code §3600.
Unemployment denial	Permitted	Refer to Unemployment Insurance Code §1256.4.

CALIFORNIA, SAN FRANCISCO

Legal status for workplace drug and alcohol testing

San Francisco has a very restrictive drug testing law. Employers’ rights are very limited when it comes to when drug testing can take place, and who may be drug tested. Employers are advised to refer to the city’s law very carefully before implementing a drug testing program.

SAN FRANCISCO, CAL., POLICE CODE ART. 33A (1993)

Area of focus	Status	Comments
Setting/circumstance	Defined	Testing is limited to substances that are likely to impact an individual’s ability to perform their job safely. Applicant, return-to-duty, and alcohol testing are permitted. Reasonable suspicion is ok if there are reasonable grounds to believe the individual’s faculties are impaired on the job and if there is a clear and present danger to the physical safety of the employee or others. Post-accident, periodic, and random are all prohibited.
Drugs tested (panel)	Not Mentioned	However, testing is limited to substances that are likely to impact an individual’s ability to perform their job safely.
Specimens permitted	Not Mentioned	The law only refers to urine and blood.
POCT screening devices	Restricted	Dept. of Health does not actively seek to restrict employers from conducting on-site tests or POCT. Refer to Cal. Business & Professions Code §1206 for the law that requires all tests to take place at a certified laboratory.
Alcohol testing	Permitted
EAP	Not Mentioned
Certified laboratory	See Comments	Strongly encouraged given the litigious environment in the state. Refer to Cal. Business & Professions Code §1206 for the requirement of who can conduct such a test.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to California Labor Code §3600.
Unemployment denial	Permitted	Refer to Unemployment Insurance Code §1256.4.

Colorado

Colorado does not have a generally applicable drug testing law.

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.

The City of Boulder has a drug testing ordinance (5195) that contains several restrictive elements. Employers in Boulder should consult that city’s ordinance. Colorado has a Workers’ Compensation Reduction Law that may affect testing. There is a medical marijuana law, but it does not require employers to accommodate workplace use.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	No Requirements or Restrictions
Alcohol testing	No Requirements or Restrictions
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to COLO. REV. STAT. §8-42-112.5.
Unemployment denial	Permitted	Refer to COLO. REV. STAT. §8-73-108(5)(e)(VIII) & (IX).

COLORADO, BOULDER

Legal status for workplace drug and alcohol testing

Boulder has a restrictive drug testing law that only applies to employers with business operations within the city. BOULDER, COLO., HUMAN RIGHTS CODE §§12-3-1 TO -6 (1994)

Area of focus	Status	Comments
Setting/circumstance	Restricted	All testing circumstances are prohibited or restricted. Applicant testing is post-offer only. Reasonable suspicion is permitted if there is clear belief of intoxication or job performance is suffering. Post-accident must meet reasonable suspicion criteria. Return to duty as part of rehabilitation. Follow-up if part of EAP. Periodic and random are prohibited.
Drugs tested (panel)	Not Mentioned
Specimens permitted	Not Mentioned	However, the law requires split specimen confirmation, which may exclude some types of specimen.
POCT screening devices	Permitted	But should not be relied upon as final result.
Alcohol testing	Permitted
EAP	Not Required
Certified laboratory	Not Required	Recommended when using a laboratory.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to COLO. REV. STAT. §8-42-112.5.
Unemployment denial	Permitted	Refer to COLO. REV. STAT. §8-73-108(5)(e)(VIII) & (IX).

Connecticut

Connecticut has a mandatory drug testing law.

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. An employer may conduct a random urinalysis drug test in limited situations, such as when the employee serves in a high-risk or safety-sensitive occupation, or when the test is authorized under federal law.

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. 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. An employer that violates any of the provisions of the drug testing law may be liable for economic and non-economic damages.

Connecticut is a drug-testing-friendly state though its law places restrictions on random testing. TITLE 31. LABOR, CHAPTER 557, 31-51T TO 31-51AA

Area of focus	Status	Comments
Setting/circumstance	Defined	All circumstances are permitted, however some restrictions apply. Applicants must be notified in advance and receive written notice of positive results. Post-accident must meet reasonable suspicion criteria. Random testing must follow federal requirements and be limited to safety-sensitive workers, or be part of EAP when the employee participates voluntarily.
Drugs tested (panel)	Not Mentioned
Specimens permitted	Defined	Only urine testing is mentioned, though other specimens are not specifically prohibited. Oral fluid is specifically permitted according to Dept. of Health (Jan. 2011).
POCT screening devices	Permitted	Screen only; laboratory confirmation required.
Alcohol testing	Permitted
EAP	Not Mentioned
Certified laboratory	Not Mentioned	Advisable to use SAMHSA or other certified lab.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Connecticut Workers’ Compensation Act §31-275(c).
Unemployment denial	Permitted	Refer to §31-236.14.

Delaware

Delaware does not have a generally applicable drug testing law.

Drug testing laws apply to a handful of distinctive industries. For example, drug testing is required for people seeking employment as school bus drivers, staff in long-term care facilities, and staff in home care agencies.

Delaware is a drug testing friendly state with few requirements or restrictions except in certain industries. THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	No Requirements or Restrictions
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Delaware Code Annotated title 19, § 2353 (1995).
Unemployment denial	Permitted

Washington, D.C.

Washington, D.C. does not have a generally applicable drug testing law, except for a law involving marijuana and job applicants.

The marijuana testing law provides that an employer cannot test a prospective employee for marijuana until a conditional offer of employment has been extended. Public employees are subject to distinctive rules.

The District of Columbia does not have a drug testing statute. THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	Not Defined	However, there is case law that upholds that random testing must be restricted to safety-sensitive occupations. Additionally, a law passed in August 2015 limits applicant testing for marijuana to post-offer circumstances.
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	No Requirements or Restrictions
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to DC Code §32-1503(d).
Unemployment denial	Permitted	Refer to DC Code §51-110(b)(2) and 7 DCMR §312.3.

Florida

Florida has a voluntary drug testing law.

An employer that meets the requirements of the Florida law can qualify for a discount on workers’ compensation insurance premiums. Under the Florida drug testing law, an employer must conduct the following types of drug tests:

Job applicant testing (refusal or positive confirmed test may disqualify an applicant)
Reasonable suspicion testing
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)

An employer also may conduct random testing or other lawful forms of testing. At least 60 days must elapse between notice to employees that an employer is implementing a drug testing program and the beginning of drug testing. An employee or job applicant who receives a positive confirmed test result has five working days to contest or explain the result after receiving written notice of the result.

Florida has a voluntary drug testing law. For companies that wish to qualify for a 5% discount on their workers’ compensation premiums they must comply with this law; other companies are not mandated to comply. Certain construction contractors must comply with this law. School bus drivers are required to be drug tested. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

FLORIDA WORKERS’ COMPENSATION CODE SECTION 440.102

Area of focus	Status	Comments
Setting/circumstance	Defined	Certain types are required: applicant, reasonable suspicion, post-accident, and follow-up. Other types are permitted but not required: periodic exam, return-to-duty, and random.
Drugs tested (panel)	Defined	Amphetamine, marijuana, cocaine, PCP, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or their metabolites.
Specimens permitted	Defined	“Specimen” means tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites. Florida lab regulations only permit urine testing. (See 59A-24.004 Drugs to be Tested/Body Specimens.)
POCT screening devices	Permitted with limitations	Per July 2009 amendment on-site testing is now permitted as part of the Workers’ Comp Premium Discount law. Employers may not deny or terminate employment based on an initial screen result that has not been confirmed by a lab and verified by an MRO. The law clearly limits which professionals are permitted to collect a specimen and it requires a split specimen, all of which may impact the use of a POCT device.
Alcohol testing	Permitted
EAP	Not Required	Must provide information about EAPs to employees. If employer pays for EAP or rehab, he or she may choose which program an employee participates in.
Certified laboratory	Required	Must be licensed by Florida’s Agency for Health Care Administration or SAMHSA.
WC premium discount	Permitted	5% upon approval by the state.
WC claim denial or reduction	Permitted	Refer to § 440.101 and § 440.09.
Unemployment denial	Permitted	Refer to Florida Statute Annotated § 443.101.

Georgia

Georgia has a voluntary drug testing law.

An employer that meets the requirements of the Georgia law can qualify for a discount on workers’ compensation insurance premiums. Under the Georgia drug testing law, an employer must conduct the following types of drug tests:

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 work time

A private employer also may conduct random or other lawful testing of employees. At least 60 days must elapse between notice to employees that a substance abuse testing program is being implemented and the beginning of the testing. An employee or job applicant who receives a positive confirmed test result may contest or explain the result within five working days after written notification of the positive test.

For companies that wish to qualify for a 7.5% discount on their workers’ compensation premiums they must comply with
this law; other companies are not mandated to comply with this statute. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

GA CODE ANN. 34-9-410 TO -421 (1998 & SUPP. 2003); GA CODE ANN. 33-9-40.2 (SUPP. 2005)

Area of focus	Status	Comments
Setting/circumstance	Defined	Certain types of testing are required: applicant (post-offer), reasonable suspicion, post-accident, periodic exam, and follow-up. Other types are permitted but not required: return-to-duty and random.
Drugs tested (panel)	Defined	Amphetamine, marijuana, cocaine, PCP, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or their metabolites.
Specimens permitted	Defined	Tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol. Oral fluid specifically permitted as of 5-29-07 amendment to the law.
POCT screening devices	Permitted	For pre-employment screens only; positives must be confirmed at a lab (urine and oral fluid permitted).
Alcohol testing	Required	By blood, urine, breath of other bodily substance; 0.08 is considered positive.
EAP	Not Required	However, must provide information to employee of other available assistance programs.
Certified laboratory	Required	When using a lab, SAMHSA- and CAP-certified labs only.
WC premium discount	Permitted	7.5% upon approval by the state.
WC claim denial or reduction	Permitted	Refer to Georgia Code 34-9-17. If an individual refuses to submit to a drug or alcohol test “performed in the manner set forth in Code Section 34-9-415” then a “rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or the ingestion of marijuana or a controlled substance.”
Unemployment denial	Permitted	Refer to Georgia Code 34-8-194. Requires compliance with voluntary law.

Hawaii

Hawaii has a mandatory drug testing law.

This law does not control the situations in which an employer can conduct drug testing, but it provides specific procedures that drug testing must follow. For example, before the collection of a sample for substance abuse testing, the employee must receive a written statement of the specific substances that the test will cover and a statement that over-the-counter medications or prescribed drugs may cause a positive result. An employer that willfully and knowingly violates any of these rules may be fined an amount between $1,000 and $10,000 under the Hawaii drug testing law for each violation, in addition to paying court costs and attorney fees.

Hawaii places no restrictions on drug testing circumstances but has very specific requirements on how drug testing is conducted. The law requires that written notice be given before the collection of a sample every time a drug test is conducted.

HAW. REV. STAT. §329B-1 -8 (1998) HAWAII ADMINISTRATIVE RULES TITLE 11 DEPT. OF HEALTH CHAPTER 13

Area of focus	Status	Comments
Setting/circumstance	Not Defined	All types of testing permitted.
Drugs tested (panel)	Defined	Substances of abuse or their metabolites shall include marijuana, cocaine, amphetamines, opiates, PCP, barbiturates, methaqualone, benzodiazepines, propoxyphene, methadone, alcohol and any other controlled substances defined by Hawaii law.
Specimens permitted	Defined	Urine (and blood under limited circumstances) according the state Dept. of Health is permitted; as of July 2007 POCT oral fluid specifically permitted.
POCT screening devices	Permitted	Must use FDA-cleared device or a device “manufactured by a facility that is minimally certified as meeting ISO 13485 standards”; lab confirmation required; MRO review required; operator must be trained by manufacturer; oral fluid devices permitted as of July 2007 for employee and applicant testing.
Alcohol testing	Permitted	0.02 BAC considered positive.
EAP	Not Mentioned
Certified laboratory	Required	SAMHSA- or state-certified lab only when a laboratory is utilized.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Hawaii Revised Statutes §386-3.
Unemployment denial	Permitted	Refer to Hawaii Revised Statutes §383-30. Admin. Rules 5-12-51 specifically mention intoxication as misconduct.

Idaho

Idaho has a voluntary drug testing law.

An employer that meets the requirements of the Idaho law can qualify for a reduction in workers’ compensation insurance premiums. Under the Idaho drug testing law, an employer must implement a written policy for drug testing, which must list the types of tests to which an employee may be subject. These may include:

Baseline
Pre-employment
Post-accident
Random
Return to duty
Follow-up
Reasonable suspicion

The policy also must state that a violation may result in terminating the employee. An employee who tests positive must receive written notice of the test result and an opportunity to discuss and explain the result. An employee or job applicant may ask for a retest of the same sample by a mutually determined laboratory. The request for a retest must be made within seven working days after the notification of the first confirmed positive test. If the retest is negative, an employee who was terminated solely because of the initial positive test must be reinstated with back pay.

For companies that wish to qualify for limited legal protections and/or a reduction in workers’ compensation premiums they must comply with this law; other companies are not mandated to comply with this law. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

IDAHO CODE 72-1701 TO 1716 (1999 & SUPP. 2002)

Area of focus	Status	Comments
Setting/circumstance	Not Defined	All types of testing permitted: however, all employees, including management, must be subject to testing.
Drugs tested (panel)	Not Defined
Specimens permitted	Not Defined
POCT screening devices	Permitted	Non-negative results must be confirmed at laboratory.
Alcohol testing	Permitted	Permitted (breath or saliva mentioned; confirmation on initial screen positive required).
EAP	Not Mentioned
Certified laboratory	Not Mentioned	However, lab confirmation is required.
WC premium discount	Permitted	No details specified; qualification and rate are determined by the insurer.
WC claim denial or reduction	Permitted	Refer to Idaho Code §72-208.
Unemployment denial	Permitted	Refer to Idaho Code §72-1366(5), §72-1707, §72-1709, and §72-1701.

Illinois

Illinois does not have a generally applicable drug testing law.

A specific Illinois law applies to employers with 25 or more employees that have received a grant or contract of $5,000 or more from the state. An employer in this category must certify to the granting or contracting agency that it will provide a drug-free workplace by taking certain steps. These include publishing a statement notifying employees that the possession or use of a controlled substance (including marijuana) is prohibited in the workplace and establishing a drug-free awareness program.

Workers’ compensation denial law requires compliance with DOT drug and alcohol testing regulations. A separate law exists that mandates and regulates drug testing by public works employers.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted	Urine and oral fluid.
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to 820 ILCS 305/11. Compliance with DOT drug and alcohol testing regulations is required.
Unemployment denial	Permitted	Refer to 820 ILCS 405/602. Law defines misconduct as including violation of a known rule or policy. Illinois Department of Employment Security (IDES) Unemployment Insurance Law Handbook states that violation of a drug-free workplace policy constitutes misconduct under UC denial law.

ILLINOIS PUBLIC WORKS

Legal status for workplace drug and alcohol testing

Public Act 095-063, the “Substance Abuse Prevention on Public Work Projects Act” only applies to an employer that is a “contractor or subcontractor performing a public works project.” It does not apply generally to any other employers.

PUBLIC ACT 095-063 (820 ICS 265)

Area of focus	Status	Comments
Setting/circumstance	Defined	Certain types are required: applicant, reasonable suspicion, post-accident, random. Others are permitted but not required: return-to-duty. Others are not mentioned in law: periodic exam, follow-up.
Drugs tested (panel)	Defined	Minimum 9 panel test is required; specific drugs are not listed in the statute. Additionally, alcohol testing is required.
Specimens permitted	Defined	Blood may only be used for post-accident testing; however, it is not mandatory when urine testing is available.
POCT screening devices	Prohibited	Only lab-based testing is permitted.
Alcohol testing	Required	0.02 BAC is considered positive.
EAP	See Comments	Employees who violate the law must be “approved to commence or return to work” on a public works project. The implication being that someone must grant that approval. See also Section 20.3 of law.
Certified laboratory	Required	Must use lab certified by SAMHSA.
WC premium discount	N/A	See Illinois.
WC claim denial or reduction	N/A	See Illinois.
Unemployment denial	N/A	See Illinois.

Indiana

Indiana does not have a generally applicable drug testing law.

An Indiana law provides that an employer with 15 or more employees may prohibit the illegal use of drugs at the workplace by all employees and hold an employee who engages in illegal drug use to the same qualification standards as other employees. Specific drug testing rules apply to occupations such as child care workers and employees of public works contractors, who must be tested at least once a year.

This state does not have a general drug testing statute; however, drug testing may be required under certain circumstances. THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	Not Defined	However, state public works contractors must conduct random testing; child care workers must be subject to drug testing; other occupations may also be required to be subject to drug testing.
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions	All specimens permitted.
POCT screening devices	Permitted
Alcohol testing	Permitted	Required of child care workers.
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Indiana Code §22-3-2-8.
Unemployment denial	Permitted	Refer to Indiana Code §22-4-15-1(a) & (d)(6).

Iowa

Iowa has a mandatory drug testing law.

Under the Iowa drug testing law, employers may conduct the following types of testing:

Unannounced testing of employees selected from certain specified pools
Testing during and after the completion of rehabilitation
Reasonable suspicion testing
Testing of prospective employees
Federally required testing
Testing related to investigating workplace accidents that resulted in certain injuries to employees or property damage greater than $1,000
Hair testing of prospective employees

An employer must conduct any drug testing within the terms of a written policy that has been provided to all employees subject to testing. The policy must provide requirements for the type of action that an employer will take against an employee or prospective employee who tests positive or refuses to provide a sample. A second confirmatory test must be conducted at a laboratory chosen by the employee if they request this test, identify an approved laboratory to conduct the test, and pay the fee for the test within seven days from the date when the employer mails the written notice to the employee of their right to request the test.

Iowa is a drug-testing friendly state though some restrictions apply. Virtually all testing circumstances are permitted, drug panel is widely de ned, and instant testing is permit- ted. No burdensome restrictions are placed on how drug testing may be conducted.

IOWA CODE §730.5 IOWA ADMINISTRATIVE CODE RULE 641-12.1-12.21

Area of focus	Status	Comments
Setting/circumstance	Defined	Pre-employment and employee testing permitted, including random which is subject to collective bargaining agreements where applicable. Post-accident for accidents that total $1000 in property damage or more.
Drugs tested (panel)	Defined	Substance considered according to & included in Schedule I, II, III, IV, or V under the Federal Controlled Substances Act, 21 U.S.C. §801 et seq.
Specimens permitted	Defined	Urine, blood, breath, and oral fluid. Blood restricted to post-accident when person providing treatment requests it; not by employer request.
POCT screening devices	Permitted	Lab confirmation required for initial screen positives.
Alcohol testing	Permitted	Per SAMHSA/DOT regulations; some conditions apply.
EAP	Mentioned	Employers must at a minimum provide information of available local EAP services; cost of rehab mentioned, but not specifically required of employer.
Certified laboratory	Required	SAMHSA or state Department of Health certified lab.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Iowa Code Ann §85.16.
Unemployment denial	Permitted	Refer to Iowa Code Ann §96.5. Misconduct mentioned, but not defined.

Kansas

Kansas does not have a generally applicable drug testing law.

A specific law applies to drug testing for public employees in certain situations. Hiring guidelines provided by the Kansas Human Rights Commission provide that an employer may require a job applicant to undergo a drug test after an offer of employment is made if this requirement applies to all entering employees in that job category, and the information generally remains confidential.

This state has workers’ compensation reduction and unemployment denial laws that contain specific drug testing requirements for qualification. KAN. STAT. ANN. 65-1,107 TO -1,108A (2002), 44-706 (SUPP.2005) & KAN. ADMIN. REGS. 28-33 (1997)

Area of focus	Status	Comments
Setting/circumstance	Not Defined
Drugs tested (panel)	Defined	SAMHSA panel.
Specimens permitted	Defined	Specifically mentions urine, blood and saliva, but does not limit testing to these specimens.
POCT screening devices	See Comments	Attorney General has concluded that employers using on-site testing kits are not subject to state laboratory regulations; however, the Dept. of Health disagrees and supposedly enforces the law with regard to on-site testing by employers.
Alcohol testing	Not Mentioned
EAP	Not Mentioned
Certified laboratory	Required	Must be licensed by the state. Lab must meet the requirements of the federal government’s Clinical Laboratory Improvement Act amendments of 1988. Federal cut-off levels must be used.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Kansas Stat. Ann. §44-501. See Notes. Article 5, Workers’ Compensation. Very specific drug testing procedures are required.
Unemployment denial	Permitted	Refer to Kansas Stat. Ann. §44-706(b)(2) & (t). Very specific drug testing procedures are required.

Kentucky

Kentucky has a voluntary drug testing law.

An employer that complies with certain regulations can receive a credit on workers’ compensation insurance premiums. Under these Kentucky drug testing regulations, an employer must conduct drug testing in the following situations:

After a conditional offer of employment
After selection through a statistically valid, unannounced random method
Upon reasonable suspicion of drug use
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

If there is a positive test result, an employee or job applicant must have an opportunity to report the use of a prescription or over-the-counter medication. If the medical review officer determines that there is a legitimate medical explanation for a positive test, they must certify that the result does not indicate the unlawful use of drugs.

This state has a voluntary law that offers a workers’ compensation premium discount to qualifying 803 KAR 25:280 companies (KRS §304.13-167 offers the discount). 803 KAR 25:280 contains the actual drug testing
requirements. There is also a mandatory mining industry law that is not reflected in this chart.

Area of focus	Status	Comments
Setting/circumstance	Defined	The following types of testing are required: applicant, reasonable suspicion, post-accident, random, and follow-up. Periodic and return-to-duty are not mentioned.
Drugs tested (panel)	Defined	11 panel urine test: amphetamines, cannabinoids/THC, cocaine, opiates, phencyclidine (PCP), benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics.
Specimens permitted	Defined	Urine for drugs; breath for alcohol; programs using other specimens may receive certification anyway if the specimen testing method is as accurate as another equivalent to breath and urine.
POCT screening devices	Prohibited	Lab testing only.
Alcohol testing	Required	Breath; 0.04% maximum cutoff level; after conditional offer of employment; upon reasonable suspicion; post-accident; follow-up. Other requirements apply. See statute for compliance.
EAP	Required	Must be hosted internally or contracted to external provider.
Certified laboratory	Required	NLCP and SAMHSA.
WC premium discount	Permitted	5%.
WC claim denial or reduction	Permitted	Refer to Kentucky Revised Statutes §342.610(3).
Unemployment denial	Permitted	Refer to Kentucky Revised Statutes §341.370(6).

Louisiana

Louisiana has a mandatory drug testing law.

Under the Louisiana drug testing law, drug testing must be performed in certain certified laboratories if it is performed for marijuana, opioids, cocaine, amphetamines, or phencyclidine, and if an employee will face negative employment consequences as a result of a positive test. Upon a written request, an employee who is confirmed to have tested positive must receive the right of access within seven working days to related records. An employer may provide an opportunity to undergo rehabilitation to an employee who tests positive, rather than firing them, but this is not required.

Employers may qualify for liability protection when in compliance with the state’s drug testing law. Exclusion language exists for the Oil & Gas Industry. LOUISIANA REV. STAT. ANN. 49 1001-1012 LOUISIANA ACT NO. 901

Area of focus	Status	Comments
Setting/circumstance	Not Defined
Drugs tested (panel)	Defined	The law only applies to testing for “marijuana, opioids, cocaine, amphetamines, and phencyclidine”; the law specifically states that it does not preclude or regulate testing for substances found in the federal government’s Schedules I, II, III and IV and alcohol.
Specimens permitted	Defined	Urine, blood, saliva and hair are included in the definition of a “sample.”
POCT screening devices	Permitted	Requires FDA-cleared device; initial screen positives must be confirmed.
Alcohol testing	Mentioned	Mentioned but not required; alcohol is listed among the substances for which employers may test.
EAP	Not Mentioned
Certified laboratory	Required	SAMHSA- or CAP-FUDT–certified lab only.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Louisiana Revised Statutes Annotated § 23:1081. Contains specific drug testing requirements.
Unemployment denial	Permitted	Refer to Louisiana Revised Statutes Annotated § 23:1601 (10). Contains specific drug testing requirements.

Maine

Maine has a mandatory drug testing law.

Under the Maine drug testing law, an employer may conduct drug testing of job applicants only if an applicant has been offered employment or has been offered a position on a roster of eligibility. Meanwhile, an employer may conduct drug testing of employees in the following situations, subject to certain rules:

Probable cause testing
Random or arbitrary testing
Testing while undergoing rehabilitation or treatment
Testing upon return to work

Before establishing a substance use testing program, an employer with over 20 full-time employees must establish a functioning employee assistance program. Within three working days after notice of a confirmed positive test result, an employee or job applicant may submit information to the employer explaining or contesting the result. An employer that violates the drug testing law may be liable to an employee who is fired or disciplined as a result for reinstatement, triple lost wages, court costs, and reasonable attorney fees.

While drug testing is permitted in Maine, its law places many restrictions on employers. This chart provides only a relatively brief overview. It is strongly recommended that readers review the state’s statute before implementing or revising any drug testing practice.

TITLE 26 LABOR AND INDUSTRY CHAPTER 7 EMPLOYMENT PRACTICES SUBCHAPTER III-A SUBSTANCE ABUSE TESTING

Area of focus	Status	Comments
Setting/circumstance	Defined	All types of testing are allowed but with restrictions (i.e. safety-sensitive, documented justification, etc.). Exception: periodic exams are most likely prohibited. See statute for specific language.
Drugs tested (panel)	Defined	Any scheduled drug, alcohol or other drug, or any of their metabolites.
Specimens permitted	Defined	Urine only per the DOL 6-12-07; blood can be tested under specific circumstances. See statute for details. DOL indicated in 2015 that it will adopt the same regulations for lab-based oral fluid being developed by SAMHSA once they are finalized.
POCT screening devices	Permitted	Generally considered prohibited; however the statute allows for non-instrumented POCT.
Alcohol testing	Restricted	Must meet same restrictions as for drug testing.
EAP	Required	Company w/ more than 20 employees must have EAP in order to drug test. Must be certified by Department of Health and Human Services.
Certified laboratory	Required	NIDA, CAP, AACC, state’s Dept. of Human Services.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Maine Revised Statutes Title 39-A, Chapter 5, §202.
Unemployment denial	Permitted	Refer to Maine Revised Statutes Title 26 §1043(23)(A)(7).

Maryland
Maryland has a mandatory drug testing law.

Under the Maryland drug testing law, an employer that conducts drug testing for job-related reasons must have the specimen tested by a certain type of laboratory. At the time of testing, the employer must inform the employee of the name and address of the laboratory upon request. Unless a collective bargaining agreement provides otherwise, an employer may use preliminary screening for job applicants. An employer must provide an employee with notice of a confirmed positive test within 30 days after the test. An employee may request independent testing of the same specimen to verify the test results.

Maryland permits all types of employee testing and job applicant testing. On-site testing is permitted for pre-employment testing only. Very specific requirements apply to laboratories performing tests.

HEALTH-GENERAL TITLE 17 LABORATORIES SUBTITLE 214-217 MARYLAND REGULATIONS CODE TITLE 10.10.10.01-.09

Area of focus	Status	Comments
Setting/circumstance	Not Defined
Drugs tested (panel)	Defined	Drug, substance, or immediate precursor as set forth in Schedules I-V of Criminal Law §5-101 & §5-202.
Specimens permitted	Defined	Urine, blood, oral fluid, and for pre-employment testing only, hair.
POCT screening devices	Permitted	Pre-employment only; must use FDA-approved device; lab confirmation and MRO required for positives; chain of custody procedures; all records from “preliminary testing” must be retained for 1 year; $50 registration fee required every 2 years.
Alcohol testing	Permitted	Specimens limited to urine, blood, oral fluid, and for pre-employment testing only, hair.
EAP	Not Mentioned
Certified laboratory	Required	Licensed by the state of Maryland; SAMHSA/CAP/HCFA; at donor’s request employer must provide name and address of the lab that will test the donor’s specimen.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Maryland Code, Article – Labor and Employment (gle) §9-506 (c).
Unemployment denial	Permitted	Refer to Maryland Code §8-1002-1003. Drug use is not listed as misconduct/gross misconduct which is required for denial of benefits.

Massachusetts

Massachusetts does not have a generally applicable drug testing law.

Decisions by Massachusetts courts suggest that a policy of random drug testing will be evaluated on a fact-specific basis, balancing the interests of the employer against the right to privacy of the employee. The nature of the job duties may make a significant difference to the outcome.

This state does not have a drug testing statute, though there have been landmark legal decisions that have shaped how drug testing can be conducted. The state’s narrow privacy law also impacts workplace drug testing.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions	However, it is recommended that random testing be limited to safety-sensitive workers per privacy and case law.
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	See Comments	Refer to General Laws Part 1, Title XXI, Ch. 152, Sec. 27 concerning willful misconduct. Law does not specifically refer to drug or intoxication in connection with misconduct.
Unemployment denial	Permitted	Refer to General Laws Part 1, Title XXI, Ch. 151A, Sec. 25 mentions illegal drug use at work and drunkenness while at work. It does not mention drug testing procedures.

Michigan

Michigan does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

Michigan does not have a state drug testing law.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to MCL §418.305 concerning willful misconduct. The law does not mention drug testing or intoxication constituting willful misconduct.
Unemployment denial	Permitted	Refer to Michigan Employment Security Act §421.29.

Minnesota

Minnesota has a mandatory drug testing law.

Under the Minnesota drug testing law, an employer may conduct drug testing only in the following situations:

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 employer’s 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

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. The written policy must provide for the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest. An employer that violates the drug testing law may be liable to an employee or job applicant for damages and other remedies.

Minnesota has a restrictive state drug testing law with many detailed requirements. It is strongly recommended that employers and others refer directly to the state’s statutory language to ensure compliance.

MINNESOTA STATUTE ANNOTATED §§ 181.950 TO -.957

Area of focus	Status	Comments
Setting/circumstance	Restricted	All types of testing permitted with restrictions (i.e. post-offer only for applicant, safety-sensitive only, etc.). See statute.
Drugs tested (panel)	Not Defined	Not specified; “drug” means a controlled substance.
Specimens permitted	Defined	Body component sample.
POCT screening devices	Prohibited	Must use laboratory.
Alcohol testing	Permitted	All testing must take place at a certified laboratory.
EAP	Not Mentioned
Certified laboratory	Required	“NIDA” (SAMHSA)/CAP/state of New York.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Minn. Stat. Ann. §176.021(1).
Unemployment denial	Permitted	Refer to Minn. Stat. Ann. §268.095(6).

Mississippi

Mississippi has a voluntary drug testing law.

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. Among other things, an employer that meets the statutory requirements is shielded from civil actions arising from the drug testing program, while an employee can sue the employer if it violates the statute. Under the Mississippi drug testing law, an employer may conduct drug testing in the following situations:

Job applicants
Reasonable suspicion
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

An employer must provide a written drug testing policy statement to any employee who may be required to undergo drug testing at least 30 days before implementing the drug testing program. An employer must inform an employee of a positive confirmed test result within five working days after receipt of the result. An employee may submit information explaining a positive confirmed test within 10 working days after receiving notice of the result.

This state has a voluntary drug testing law that provides limited legal protections to employers that conduct drug and alcohol testing in compliance with the guidelines contained in the statute. A 5% workers’ compensation discount program is also available and administered directly by insurers.

TITLE 15 – MISSISSIPPI DEPT. OF HEALTH, PT. III – OFFICE OF HEALTH PROTECTION, SUBPART 01 – HEALTH FACILITIES LICENSURE & CERTIFICATION, CHAPT. 53 TITLE 71 LABOR AND INDUSTRY CHAP. 7 DRUG & ALCOHOL TESTING

Area of focus	Status	Comments
Setting/circumstance	Restricted	All types of testing are permitted with restrictions (i.e. written notice for applicant, reasonable suspicion for post-accident, etc.). See statute.
Drugs tested (panel)	Defined	Amphetamine, marijuana, cocaine, phencyclidine, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or their metabolites… other controlled substances with federal cut-off levels established.
Specimens permitted	Defined	Urine for drugs; breath or saliva for initial alcohol screen, and blood for alcohol confirmation per Dept. of Health (Title 15).
POCT screening devices	Permitted	Confirmation testing and chain of custody protocols are required.
Alcohol testing	Permitted	Breath or saliva for screens; positives confirmed with blood.
EAP	Required	Must either provide internal EAP or resource file of external EAP type services available to employee.
Certified laboratory	Required	CLIA, SAMHSA, CAP, or state Board of Health. Required for confirmation testing.
WC premium discount	Permitted
WC claim denial or reduction	Permitted	Refer to Mississippi Code §71-3-7(d). This law was amended and approved by the governor of Mississippi on 5-14-2012. The changes took effect 1 July 2012.
Unemployment denial	Permitted	Refer to Mississippi Code §71-7-13(3) & §71-5-513(1)(b). Caution: §71-5-513, which classifies misconduct as means for denial of benefits, has been repealed effective July 1, 2014. As of that date, the statutory language may change. §71-3-13, which classifies discharge for drug/alcohol abuse as misconduct, has not been repealed.

Missouri

Missouri does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

While Missouri does not have a drug testing statute, employers must meet
certain drug testing requirements in order to challenge workers’ and unemployment comp claims.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions	Except for workers’/unemployment comp cases. In which case, types of testing must be clearly stated in written policy.
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions	No restrictions apply except for employers who wish to contest a workers’ or unemployment compensation claim, in which case “specimen” means tissue, fluid, or a product of the human body capable of reveal- ing the presence of alcohol or drugs or their metabolites…”
POCT screening devices	Permitted	Lab analysis required for programs that wish to challenge workers’ or unemployment compensation claims.
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions	Except in workers’/unemployment comp cases.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Missouri Rev. Stat. §287.120.6.
Unemployment denial	Permitted	Refer to Missouri Rev. Stat. §288.045, 050(2).

Montana

Montana has a mandatory drug testing law.

Under the Montana drug testing law, an employer may conduct drug testing in the following situations:

Montana places detailed restrictions regarding the circumstances under which drug testing can be conducted; references to federal drug testing requirements are found throughout the Montana law.

MONT. CODE ANN. §39-2-205-211 (1995 & SUPP. 1998; 2005 amendments)

Area of focus	Status	Comments
Setting/circumstance	Restricted	All types of testing are permitted with restrictions (i.e. reasonable suspicion and damages over $1,500 for post-accident, etc.). Employers must meet several conditions in order to conduct random testing.
Drugs tested (panel)	Defined	SAMHSA panel (other substances may be tested for as long as procedures used are as stringent as those in 49 CFR Part 40).
Specimens permitted	Defined	Urine or oral fluid; breath for alcohol.
POCT screening devices	See Comments	Probably. Positives must be confirmed at lab. Chain of custody and other testing procedures should be at least as stringent as those in 49 CFR Part 40 and the device used must be FDA-approved.
Alcohol testing	Permitted	Per DOT regs. Device from Conforming Products List only, 0.04 or greater is positive. Administered by certified BAT only.
EAP	Mentioned	Policy must include information about available EAP services.
Certified laboratory	Required	Requires compliance with 49 CFR part 40.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Montana Code Ann. §39-71-407(5–7).
Unemployment denial	Permitted	Refer to Montana Code Ann. §39-51-2303 concerning “misconduct” and ARM §24.11.461 for “specific acts of misconduct.”

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 employee’s faculties are impaired on the job as a result of drug use
Reasonable belief that an employee’s action or failure to act caused a work-related accident resulting in death, injury, or property damage greater than $1,500

Any drug testing must be conducted according to the terms of a written policy, which must be available to employees 60 days before the terms are implemented. An employer cannot take adverse action against an employee, or require follow-up testing, if an employee presents a reasonable explanation or medical opinion indicating that a positive test was not caused by illegal drug use. The positive test must be removed from the employee’s record in this case.

Nebraska

Nebraska has a mandatory drug testing law.

Private employers with six or more employees are covered by this law. The Nebraska drug testing law does not address the situations in which tests may or must be conducted. However, it prevents an employer from using a drug test to fire or otherwise discipline an employee unless certain technical requirements are met. An employer must not release test results to the public but must release results when required by law or to the employee on request. Results may be released to officers, agents, or employees of the employer who need to know the information for employment-related reasons. An employee who refuses to undergo a test may be subject to discipline, including termination.

Nebraska has a very open workplace drug testing law. For example, all types of testing are permitted. NEBRASKA REVISED STATUTES CHAPTER 48-1901-1910

Area of focus	Status	Comments
Setting/circumstance	Not Defined
Drugs tested (panel)	Not Defined
Specimens permitted	Defined	Body fluid and breath.
POCT screening devices	Permitted	For screens only; confirm positives at lab.
Alcohol testing	Permitted	Breathalyzer required; employee may request confirmatory retest with blood.
EAP	Not Required
Certified laboratory	Required	CLIA labs required for confirmation testing.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Nebraska Revised Statute §§48-102, 48-127.
Unemployment denial	Permitted	Refer to Nebraska Revised Statutes §48-628(2).

New Hampshire

New Hampshire does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to New Hampshire Statutes §281-A:14.
Unemployment denial	Permitted	Refer to New Hampshire Statutes §282-A:34(I).

New Jersey

New Jersey does not have a generally applicable drug testing law, except for a law specifically addressing cannabis.

In its most notable drug testing case, the New Jersey Supreme Court emphasized the importance of protecting employee privacy and strongly recommended that employers devise and implement measures that minimize the intrusiveness of the testing process. Among other things, employers should implement a testing procedure that allows as much privacy and dignity as possible, and they must provide notice of a testing program close to the beginning of the program but sufficiently far ahead to provide adequate warning. This notice must:

Describe the method for selecting employees to be tested
Warn employees of the lingering effect of certain drugs in the system
Explain how the sample will be analyzed
Notify employees of the consequences of a positive test or refusal

Employers may conduct only tests that are necessary to determine the presence of drugs and must not disclose information obtained as a result of testing. A law specifically addressing discrimination against employees who use cannabis provides that an employer may require an employee to undergo a drug test upon reasonable suspicion that an employee is using a cannabis item on the job, upon finding observable signs of intoxication related to the usage of a cannabis item, or after a work-related accident subject to investigation by the employer. The law also mentions that an employer may conduct a drug test randomly, or as part of a pre-employment screening or regular screening of current employees to determine use during an employee’s work hours.

New Jersey’s state constitution contains privacy language that limits drug testing to situations when there is reasonable cause. THIS STATE DOES NOT HAVE A DRUG TESTING STATUE.

Area of focus	Status	Comments
Setting/circumstance	Restricted	Privacy language in the state constitution restricts testing to reasonable suspicion situations. Random is permitted in safety-sensitive occupations per case law.
Drugs tested (panel)	Not Defined
Specimens permitted	Not Defined
POCT screening devices	Restricted	Testing location may need to be licensed through state as a laboratory. Only FDA-cleared devices are permitted.
Alcohol testing	Permitted
EAP	Caution	Case law underscores the importance of educating workers.
Certified laboratory	Required	State has a laboratory licensing law that applies to drug testing.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to New Jersey Statutes Annotated §34:15-7 does not refer to drug testing procedures.
Unemployment denial	Permitted	Refer to New Jersey Statutes Annotated §34:21-5 does not refer to drug testing procedures.

New Mexico

New Mexico does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

New Mexico does not have a drug testing statute; however, in workers’ compensation denial cases employers must demonstrate compliance with the DOT drug and alcohol testing regulations.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions	DOT drug and alcohol testing procedures must be observed in workers’ compensation denial cases.
Specimens permitted	No Requirements or Restrictions	DOT drug and alcohol testing procedures must be observed in workers’ compensation denial cases.
POCT screening devices	Permitted
Alcohol testing	Permitted	DOT drug and alcohol testing procedures must be observed in workers’ compensation denial cases.
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions	DOT drug and alcohol testing procedures must be observed in workers’ compensation denial cases.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to New Mexico Stat. Ann. §52-1-11, 12, & 12.1. Full denial if intoxication is cause of accident. 10% reduction if intoxication is only contributing factor. Must follow DOT regs. in order to use drug test result as proof of intoxication.
Unemployment denial	Permitted	Refer to New Mexico Stat. Ann. §51-1-7(2) concerning misconduct as means for disqualification; intoxication is not specified as misconduct in statutory language.

New York

New York does not have a generally applicable drug testing law.

A related New York law provides that an employer cannot fire or otherwise discriminate against an employee based on their legal use of consumable products before or after the employee’s work hours, and off the employer’s premises and without using the employer’s property. This law recently was revised to specifically include cannabis products.

New York does not have a drug testing statute. However, Code Rule 60 is a voluntary program that permits employers to put certain safety-related programs in place that qualify them for workers’ compensation credits. This chart does not re ect the requirements of Code Rule 60.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUE.

Area of focus	Status	Comments
Medical Review Officer	Required	Drug Test results must be released by an MRO
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	See Comments	On-site testing facilities are subject to regulation under the state’s clinical laboratory licensing law per the Dept. of Health.
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	Required
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to NY Workers Compensation Law §10 and §21.
Unemployment denial	Permitted	Refer to NYS Article 18 Title 7 Section 593 concerning “misconduct.” The law does not provide a definition of misconduct.

Nevada

Nevada does not have a generally applicable drug testing law, except for a law involving marijuana and job applicants.

A Nevada law prevents an employer from refusing to hire a prospective employee based on a screening test that indicates the presence of marijuana. Exceptions apply to certain occupations, such as safety-related jobs. If an employer requires a screening test within the first 30 days of employment, an employee can undergo an additional screening test at their own expense to rebut the results. The employer must give appropriate consideration to the results of the second screening test.

Nevada does not have a drug testing statute and there are no restrictions on the type of testing an employer can conduct, who can be tested, and under what circumstances a test can be required. The only exception to this is that the state Attorney General has determined that drug tests must take place at a laboratory.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Prohibited	NAC 652 regulates point-of-care testing, but makes it very difficult to comply.
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions	Recommended.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Nevada Rev. Stat. §616C.230(1)(c)(d).
Unemployment denial	Permitted	Refer to Nevada Rev. Stat. §612.385, concerning miscond uct. Case law upholds that alcohol or drug use against an employer’s drug-free workplace policy constitutes misconduct.

North Carolina

North Carolina has a mandatory drug testing law.

Under the North Carolina drug testing law, while prospective employees may be tested through a preliminary screening procedure that uses a single-use test device, a screening test of samples for current employees must be 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. A positive screening test for a current employee must be confirmed by a second examination of the sample. An employee has a right to retest a confirmed positive sample at an approved laboratory. North Carolina drug testing regulations require that an employer must provide notice of a positive result to an employee within 30 days from when the results are delivered to the employer.

North Carolina is a drug-testing–friendly state. Few restrictions apply.

NC GEN. STAT. 95-230 TO 95-235 (2003) NC ADMINISTRATIVE CODE TITLE 13 R. 20.0100 TO 20.0602 (2004)

Area of focus	Status	Comments
Setting/circumstance	Defined	All types of testing are permitted, as long as they take place at a certified laboratory. The only exception is applicant testing where one may use an on-site testing device.
Drugs tested (panel)	Not Defined
Specimens permitted	Defined	Urine, blood, hair or oral fluids.
POCT screening devices	See Comments	For prospective employees only; confirmation of positives required with GC-MS (See No. Carolina Admin. Code 20.0203).
Alcohol testing	Permitted
EAP	Not Mentioned
Certified laboratory	Required	CAP or SAMHSA.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to North Carolina Gen. Stat. §97-12.

North Dakota

North Dakota does not have a generally applicable drug testing law.

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.

While North Dakota does not have a drug testing statute, in order to move to
deny workers’ compensation bene ts an employer must conduct drug/alcohol testing in accordance with certain requirements established by the state, such as,
in some circumstances, compliance with some aspects of the U.S. DOT regulations.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to North Dakota Century Code §65-01-02(10)(b)(3). Refusal to submit to a drug test is also grounds for denial of benefits. Refer to N.D. Cent. Code §65-01-11.
Unemployment denial	Permitted	Refer to North Dakota Century Code §52-06-02(2) concerning “misconduct.” According to the North Dakota Job Services Unemployment Insurance Claim Guide, violation of a posted or known company rule is means for disqualification.

Ohio

Ohio has a voluntary drug testing law.

The Ohio drug-free safety program contains Basic and Advanced levels. An employer that meets the requirements of the Basic level can receive a 4 percent rebate on workers’ compensation insurance premiums, while an employer that meets the requirements of the Advanced level can receive a 7 percent rebate. Regardless of the level, an employer must provide a written policy describing the drug-free program within 90 days of the start of the initial program year. Employers also must provide initial training and refresher training to employees and supervisors. Testing required for an employer at the Basic level generally includes:

Pre-employment or new hire testing (or a combination)
Reasonable suspicion testing
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

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. 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. 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.

Ohio has a voluntary drug testing law. For companies that wish to qualify for a discount on their workers’ compensation premiums they must comply with this law; other companies are not mandated to comply. Additionally, the state’s workers’ compensation law contains very speci c requirements relative to drug/ alcohol testing. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

OHIO BUREAU WORKERS’ COMPENSATION DRUG-FREE SAFETY PROGRAM

Area of focus	Status	Comments
Setting/circumstance	Defined	All types of testing are required and certain conditions apply (applicant, reasonable suspicion, post-accident, return-to-duty, random, and follow-up). Exceptions: periodic exam is not required and sometimes alcohol is not required.
Drugs tested (panel)	Defined	Opiates, cocaine, marijuana, amphetamines and PCP. Additionally “those acknowledged as drugs of abuse in the company’s local communities,” prescription meds, barbiturates, benzodiazepines, methadone, and propoxyphene; outside program no restrictions apply.
Specimens permitted	Defined	Urine for drug testing; breath or blood for alcohol testing. Saliva may be permitted for alcohol testing.
POCT screening devices	See Comments	Follow SAMHSA guidelines; the old program was amended to permit on-site testing but the new program makes no mention of alternative testing methods or specimens, but continually refers to the SAMHSA guidelines.
Alcohol testing	In Some Cases	See Setting / Circumstances; 0.04 BAC recommended
EAP	See Comments	Requirements vary depending on level of participation.
Certified laboratory	Required	SAMHSA-certified lab only.
WC premium discount	Permitted	4-7% plus bonus discounts for qualifying participants in the program.
WC claim denial or reduction	Permitted	Refer to Ohio Admin. Code §4123.54. See statute for exact details; many restrictions apply. These include DHHS cutoff levels for some substances and DHHS lab certification at a minimum
Unemployment denial	Permitted	Refer to Ohio Admin Code §4141.29(D)(1)(b), concerning “misconduct.”

Oklahoma

Oklahoma has a mandatory drug testing law.

The Oklahoma drug testing law generally permits an employer to conduct testing only in the following situations:

This is a drug testing friendly state. Oklahoma’s Title 40 was amended by the passage of OK53RHB 2033 (May 9, 2011) as well as OK53HRB 2204 (May 8, 2012). The changes went into effect November 1, 2011 and May 8, 2012 respectively and are re ected here. This law applies to public and private sector employers.

OKLAHOMA STATUES ANNOTATED TITLE 40. LABOR CHAPTER 15. STANDARDS FOR WORKPLACE DRUG AND ALCOHOL TESTING ACT OKLAHOMA ADMINISTRATIVE CODE 310:638

Area of focus	Status	Comments
Setting/circumstance	Restricted	All types of testing are permitted but some restrictions apply (i.e. post-offer only for applicant, safety-sensitive only for periodic exam, return to duty, etc.).
Drugs tested (panel)	Defined*	“Drug means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite thereof.” *Department of Health lists drugs approved for testing in urine and saliva, and different, shorter list of drugs approved for testing in hair.
Specimens permitted	Defined	“Sample means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body.” Board of Health lists urine, saliva and hair for drug screens and confirmations; breath or saliva for alcohol screens and breath or blood for confirmation.
POCT screening devices	Permitted	FDA-approved devices only for drug testing; NHTSA conforming products list for alcohol testing; confirmation required for positives.
Alcohol testing	Permitted	Law was amended (May 8, 2012) via HB 2204. Language requiring confirmation of a breathalyzer test before dismissal has been removed. State Board of Health still has power to promulgate, prescribe, amend and repeal rules for licensure/regulation of testing facilities.
EAP	Not Required	Prior requirement repealed in 2011.
Certified laboratory	Required	Consistent with federal regulations/State Bd. of Health; labs certified for urine testing by SAMHSA and CAP-FUDT; other lab certifications may be acceptable.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Oklahoma Statute Annotated Title 85 § 312(3).
Unemployment denial	Permitted	Refer to Oklahoma Statute Annotated Title 40, §2-406.1. This law was amended in May 2012.

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 employer’s policy
Post-rehabilitation testing after an employee returns to work following a positive test or participation in a drug dependency treatment program

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. An employee can sue an employer for a willful violation of the drug testing law. Remedies may include lost wages, liquidated damages, and reasonable costs and attorney fees.

Oregon

Oregon has mandatory laws for laboratories that affect drug testing.

A law provides rules for laboratories that perform tests for the purpose of detecting substance abuse. Entities other than certain types of laboratories cannot perform on-site tests for non-medical substance abuse screening tests unless they file a registration form with the Public Health Division of the Oregon Health Authority and pay a registration fee. When a substance abuse screening laboratory obtains a positive test result, and the submitter indicates that the result will be used to deprive a person of employment or any benefit, the result must be confirmed by a clinical laboratory.

A law specific to alcohol testing provides that an employer may require an employee to undergo a blood alcohol content test or a breathalyzer test as a condition for employment or continued employment if the employer has reasonable grounds to believe that the employee is under the influence.

Oregon has two laws that regulate laboratory-related issues; however, some components of those laws directly impact how drug testing is conducted.

OR. REV. STAT. 438.435 (2005) OR ADMIN. R. 333-024-0305 TO 333-024-0365 (2004)

Area of focus	Status	Comments
Setting/circumstance	Not Defined
Drugs tested (panel)	Not Defined
Specimens permitted	Defined	Body fluids obtained from a live person.
POCT screening devices	Permitted	Employers conducting on-site tests must register with the Health Div. of the Dept. of Human Services and pay a registration fee of no more than $50; FDA-approved device only. Other requirements apply.
Alcohol testing	Permitted	May conduct reasonable suspicion alcohol tests or when the individual gives consent to be tested; device must be NHTSA-approved and conform to 49 CFR part 40; employer must pay for the test.
EAP	Not Mentioned
Certified laboratory	Required
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Oregon Rev. Stat. § 656.005(7)(b)(C).
Unemployment denial	Permitted	Refer to Oregon Rev. Stat. § 657.176; OR Admin. R.471-030-0036, 0-0125, 0126.

Pennsylvania

Pennsylvania does not have a generally applicable drug testing law.

Courts determining whether a specific policy or procedure is valid likely will weigh the employer’s interest against the employee’s right to privacy.

Pennsylvania is a drug testing-friendly state with no restrictive statute in place. THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Pennsylvania Unconsolidated Statutes §77-431.
Unemployment denial	Permitted	Refer to Unemployment Compensation Law 1936-1 Article IV, Section 402 (e.1).

Rhode Island

Rhode Island has a mandatory drug testing law.

Under the Rhode Island drug testing law, an employer may require drug testing if it has reasonable grounds to believe that the employee may be under the influence, which may be impairing their ability to perform their job. An employee who tests positive must not be terminated for that reason but must be referred to a substance abuse professional. (However, an employer may require additional testing in accordance with the referral, and an employee may be terminated if their testing indicates the continued use of controlled substances despite treatment.)

An employee must have a reasonable opportunity to rebut or explain the results. An employer also may require a job applicant to undergo a drug test if the job applicant has received an offer of employment conditioned on a negative test result.

Rhode Island limits drug testing of employees to circumstances in which there is suspicion of drug use or impairment. First-time positives may not result in termination. Employers are responsible to pay for treatment services for employees. Other restrictions apply.

GEN. LAWS 28-6.5-1 TO 28-6.5-2

Area of focus	Status	Comments
Setting/circumstance	Restricted	The following types of testing are permitted: applicant (post-offer), reasonable suspicion, post-accident (with reasonable suspicion), return-to-duty, and follow-up. The following types of testing are prohibited: periodic exam and random.
Drugs tested (panel)	Not Defined
Specimens permitted	Defined	“Urine, blood or any other bodily fluid or tissue.”
POCT screening devices	Permitted	Confirmation of initial screen positives is required even for pre-employment screens.
Alcohol testing	Permitted
EAP	See Comments	Must refer to treatment services before termination.
Certified laboratory	Not Mentioned
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Rhode Island General Laws §28-33-2.
Unemployment denial	Permitted	Refer to Rhode Island General Laws §28-44-18 concerning “misconduct”; law does not mention drugs, alcohol, intoxication, or drug testing; it does state that violation of a company rule or policy does constitute misconduct.

South Carolina

South Carolina has a voluntary drug testing law.

An employer that meets the requirements of the South Carolina law may qualify for a credit of at least 5 percent on workers’ compensation insurance premiums. Under the South Carolina drug testing law, a drug prevention program in the workplace must include notification to all employees of the program and its policies at the time that the program is established or at the time of hiring the employee, whichever is earlier. Information in test results is not admissible in criminal proceedings against employees.

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.

This state has a voluntary drug testing law. For companies that wish to qualify for a 5% discount on their workers’ compensation premiums they must comply with this law; other companies are not mandated to comply. Employers have wide latitude in the development of their programs. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

SC CODE ANN. 41-1-15 (SUPP 2005) & 38-73-500 (2002)

Area of focus	Status	Comments
Setting/circumstance	Defined	All types of testing are permitted. Random is required of all workers who receive wages or compensation in any form.
Drugs tested (panel)	Not Defined
Specimens permitted	Not Defined
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	Not Mentioned
Certified laboratory	Not Mentioned
WC premium discount	Permitted	At least 5%.
WC claim denial or reduction	Permitted	Refer to South Carolina Code Ann. §42-9-60.
Unemployment denial	Permitted	Refer to South Carolina Code Ann. §41-35-120(3) & (4)(iv). Blood, hair, urine or oral fluid specimens are permitted. Law requires a laboratory test. Collection personnel must meet federal or state guidelines. GC-MS confirmation when applicable.

South Dakota

South Dakota does not have a generally applicable drug testing law.

Applicants for certain government jobs must undergo screening.

South Dakota does not restrict how or when drug testing is conducted or whom employers can require to be drug tested.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions	Schedule I or II drugs for denying workers’ compensation claims.
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to South Dakota Codified Laws Ann. §62-4-37.
Unemployment denial	Permitted	Refer to South Dakota Codified Laws Ann. §61-6-14 and -14.1 concerning “misconduct.” Law defines misconduct as breaking a company rule or standard, but does not mention drug testing or intoxication as part of definition.

Tennessee

Tennessee has a voluntary drug testing law.

An employer that meets the requirements of the Tennessee law may qualify for a 5 percent discount on workers’ compensation insurance premiums. Under the Tennessee drug testing law, an employer must conduct drug testing in the following situations:

Job applicant testing after a conditional offer of employment (potentially limited testing if it is based on a reasonable classification)
Reasonable suspicion testing
Fitness-for-duty testing, which may be related to a medical exam 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)
Post-accident testing when an accident results in an injury

In addition, an employer may conduct any other lawful testing. Prior to testing, an employer must provide employees and job applicants with a written policy statement that contains certain information. An employee or job applicant who receives a positive confirmed test may contest or explain the result within five working days after receiving notification of the result.

Tennessee has a voluntary drug testing law. For companies that wish to qualify for a 5% discount (including self-insured companies) on their workers’ compensation premiums they must comply with this law; other companies are not mandated to comply. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

TENN. CODE ANN. 50-9-101 TO -112 (2005);TENN. COMP. R. & REGS. CH. 0800-2-12 (1999)

Area of focus	Status	Comments
Setting/circumstance	Defined	All types of testing required except for random (which is permitted but not required) and return-to-duty (which is not mentioned). Some conditions apply to all types of required testing (such as post-offer for applicant, follow up for employees who voluntarily submit to rehab).
Drugs tested (panel)	Defined	SAMHSA panel plus alcohol.
Specimens permitted	Defined	“Tissue, fluid or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites” … however, oral fluid and hair testing are prohibited under the voluntary law.
POCT screening devices	Prohibited
Alcohol testing	See Comments	Required in some instances involving safety-sensitive workers. Breath and saliva per the federal guidelines.
EAP	Not Required	However, must provide information on EAPs in policy.
Certified laboratory	Required	SAMHSA, CAP, or other authority recognized by the state; lab must comply with DOT lab regulations or other procedures approved by the state.
WC premium discount	Permitted	5%.
WC claim denial or reduction	Permitted	Refer to Tenn. Comp. R. & Regs. §0800-2-.12-.01 (1)(a) & (d).
Unemployment denial	Permitted	Refer to T.C.A. §50-7-303(a)(2).

Texas

Texas does not have a generally applicable drug testing law.

Employers thus have substantial discretion in devising and implementing drug testing policies.

Texas has a drug test cheating law. There is also a law that requires certain employers to report positive drug test results to the state Department of Transportation.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Texas Lab. Code Ann. §406.032 (and §401.013 for definition of “Intoxication”).
Unemployment denial	Permitted	Refer to Texas Lab. Code Ann. §207.044. SB 21 (2013) added drug testing requirements to UC law. There is significant case law that affects this. See TWC Appeal No. 97-003744-10-040997.

Utah

Utah has a voluntary drug testing law.

An employer that meets the requirements of the Utah law cannot be sued for taking disciplinary or rehabilitative action against an employee who tests positive, unless the test result was inaccurate. (Certain additional restrictions apply.) Under the Utah drug testing law, an employer may conduct drug testing for the following purposes:

Investigation of possible employee impairment
Investigation of workplace accidents or workplace theft
Maintenance of safety for employees or the public
Maintenance of productivity, quality of products or services, or security of property or information

Employers and management must submit to drug testing on a periodic 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. 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.

Utah has a voluntary drug testing law. For companies that wish to qualify for limited legal protection, they must comply with this law; other companies are not mandated to comply. Workers’ or unemployment compensation appeals involving substance abuse require compliance with the voluntary law. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

UTAH CODE ANN. 34-38-1 TO 34-38-15

Area of focus	Status	Comments
Setting/circumstance	Defined	All types of testing are permitted. The only condition is that if testing is conducted, it must be conducted for all employees, including management. Post-accident also includes theft.
Drugs tested (panel)	Not Defined	However, the definition of drug includes “a substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, or supplement to any of those compendia.”
Specimens permitted	Defined	Urine, blood, breath, saliva, or hair.
POCT screening devices	Permitted	Positives must be confirmed.
Alcohol testing	Permitted
EAP	Not Mentioned
Certified laboratory	Required	Certified by US Dept. of Health and Human Services under the National Laboratory Certification Program.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Utah Code Ann. §34A-2-302. Employer must comply with the requirements found in UTAH CODE ANN. 34-38-1 TO 34-38-15 as outlined in this chart in order to qualify to deny benefits.
Unemployment denial	Permitted	Refer to Utah Rule R994-405-208 (7). Employer must comply with the requirements found in UTAH CODE ANN. 34-38-1 to 34-38-15 as outlined in this chart in order to qualify to deny benefits.

Vermont

Vermont has a mandatory drug testing law.

An employer in Vermont cannot conduct random or company-wide drug testing unless this is required by federal law. Under the Vermont drug testing law, an employer can conduct drug testing only if all of the following conditions are met:

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

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. The employee may be terminated if they again test positive after the completion of the program when the first and fourth requirements are met. An employer may conduct drug testing of job applicants only if they have given an applicant an offer of employment that is conditioned on a negative test, the applicant received written notice of the procedure and a list of the drugs to be tested, and the administration of the test follows certain procedures. An employee or job applicant who tests positive must receive an opportunity to retest a portion of the sample at an independent laboratory.

Vermont’s drug testing law is one of the most restrictive in the nation. Random testing is prohibited. Some type of EAP or referral service is required in order to conduct drug testing. This law also applies to public sector workplace drug testing.

VT STAT. ANN. TITLE 21, 511-520 (2003) VT ADC 13140 003 (2003)

Area of focus	Status	Comments
Setting/circumstance	Restricted	All types of testing except for random permitted but restrictions apply (i.e. must have reasonable sus- picion, post-offer for applicant, reasonable suspicion and post-accident must meet definition, etc.). Random is prohibited.
Drugs tested (panel)	Defined	Schedule I drugs and others listed in the statute.
Specimens permitted	Defined	Urine or hair for drug testing/breath for alcohol testing/donor may request a blood sample be drawn at the time of the urine or breath collection.
POCT screening devices	Prohibited	Only refers to lab-based testing & qualifications of labs.
Alcohol testing	Permitted	Breath only; technician must be certified by state; BAC of 0.02 shall be reported as a positive; confirma- tion test required within 10-20 minutes after screen.
EAP	Required	Must have an EAP or be able to refer employees to available services in the community.
Certified laboratory	Required	At lab approved by Vermont Dept. of Health.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Vermont Stat. Ann. §21-649 refers to intoxication only.
Unemployment denial	Permitted	Refer to Vermont Stat. Ann. §21-17-1344 concerning “gross misconduct” and “intoxication.”

Virginia

Virginia does not have a generally applicable drug testing law.

Workers’ compensation insurers must provide a premium discount of up to 5 percent to an employer that establishes a drug-free workplace program that satisfies insurer criteria. (Each insurer can set its own criteria.) During the performance of a contract worth over $10,000 for a government entity, a contractor must establish a drug-free workplace.

A voluntary law exists with a up to 5% workers’ compensation premium discount avail- able for companies that comply with criteria established by insurer; companies in the mining industry are required to comply with the provisions of the “voluntary” law. This chart does not re ect the requirements that apply to the mining industry.

THIS STATE DOES NOT HAVE A DRUG-TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions	Mining industry must test for the following substances: amphetamines, cannabis/THC, cocaine, opiates, phencyclidine (PHP), benzodiazepines, propoxyphene, methaqualone, methadone, barbiturates, and synthetic narcotics.
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions	SAMHSA lab as part of mining industry drug testing.
WC premium discount	Permitted	Refer to Virginia Code Ann. §65.2-813.2. Up to 5%.
WC claim denial or reduction	Permitted	Refer to Virginia Code Ann. §65.2-306.
Unemployment denial	Permitted	Refer to Virginia Code Ann. §60.2-618(2)(b) & (3)(d).

Washington

Washington does not have a generally applicable drug testing law.

State agencies and their employees are subject to distinctive drug testing regulations.

Washington does not have a drug testing statute; therefore, no statutory restrictions apply.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions
Drugs tested (panel)	No Requirements or Restrictions
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Not Mentioned
Unemployment denial	Permitted	Refer to R.C.W. §50-20-060 concerning misconduct.

West Virginia

West Virginia has a mandatory drug testing law, but with rewards similar to voluntary laws.

West Virginia explicitly allows an employer to conduct drug tests on employees or job applicants as a condition of continued employment or hiring. Employers must implement certain safeguards to be shielded from legal claims for acting in good faith on the results of a drug test. Under the West Virginia drug testing law, an employer may require drug testing for legitimate drug abuse prevention or treatment purposes, including:

Deterrence and detection of illegal drug use or possession, or prescription drug abuse
Investigation of possible employee impairment
Investigation of workplace accidents, workplace theft, or other employee misconduct
Maintenance of safety for employees, customers, clients, or the public
Maintenance of productivity, quality of products or services, or security of property or information

Any testing or retesting must be conducted within the terms of a written policy that has been distributed to all employees subject to testing and made available to prospective employees. Employers are not required to offer counseling, employee assistance programs, or drug rehabilitation programs. An employer may use a confirmed positive test or a refusal to provide a testing sample as a basis for actions such as termination, suspension, or refusal to hire.

West Virginia does not have a general mandatory drug testing statute; however, important case law limits drug testing situations to safety-sensitive and reasonable sus- picion. As well, the state does mandate drug and alcohol testing of certain
workers involved in Public Works Improvement projects.

THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE.

Area of focus	Status	Comments
Setting/circumstance	Restricted	Case law limits testing to safety-sensitive and reasonable suspicion.
Drugs tested (panel)	No Requirements or Restrictions	Public Works drug testing program must include the following drugs: marijuana, cocaine, opiates (includ- ing hydromorphone, oxycodone, hydrocodone), phencyclidine, amphetamines, barbiturates, benzodiaz- epines, methadone and propoxyphene.
Specimens permitted	No Requirements or Restrictions	For public improvement contractors and subcontractors urine for drug and alcohol testing.
POCT screening devices	Permitted
Alcohol testing	Permitted	For public improvement contractors and subcontractors urine for drug and alcohol testing.
EAP	No Requirements or Restrictions	Required for public improvement contractors and subcontractors.
Certified laboratory	No Requirements or Restrictions	SAMHSA-certified lab is required as part of a public works employer’s program.
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to West Virginia Code §23-4-2(a).
Unemployment denial	Permitted	Refer to West Virginia Code §21A-6-3(2).

Wisconsin

Wisconsin does not have a generally applicable drug testing law.

Certain requirements apply to public works contractors.

Wisconsin is a drug-testing friendly state with no restrictions on workplace drug testing. THIS STATE DOES NOT HAVE A DRUG TESTING STATUTE..

Area of focus	Status	Comments
Setting/circumstance	No Requirements or Restrictions	Reasonable suspicion, post-accident, and random are required of public works contractors and subcontractors.
Drugs tested (panel)	No Requirements or Restrictions	Public workers programs require the SAMHSA panel; otherwise, no restrictions apply.
Specimens permitted	No Requirements or Restrictions
POCT screening devices	Permitted
Alcohol testing	Permitted	Required of public works contractors and subcontractors (and must comply with federal regulations).
EAP	No Requirements or Restrictions
Certified laboratory	No Requirements or Restrictions
WC premium discount	Not Mentioned
WC claim denial or reduction	Permitted	Refer to Wisconsin Statutes §102.58. 15% discount not exceeding $15,000.
Unemployment denial	Permitted	Refer to Wisconsin Statutes §108.04(5), concerning misconduct.

Wyoming

Wyoming has a voluntary drug testing law.

An employer that complies with a drug testing program approved by the Workers’ Compensation Division can qualify for a premium base rate discount up to 10 percent on workers’ compensation insurance. Under related Wyoming drug testing regulations, substance abuse testing includes the following types of testing:

Pre-employment testing
Random testing (conducted on 20 percent or more of the average staff annually)
Reasonable suspicion testing
Post-accident testing

An employer in the program must provide annual substance abuse education training and must make resources available to employees who need assistance. 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. If an employee has a positive confirmed test result, they have five working days after notification of the result to contest or explain it.

Wyoming has a voluntary drug testing law. For companies that wish to qualify for a 5% discount on their workers’ compensation premiums, they must comply with this law; other companies are not mandated to comply. THIS CHART REFLECTS THE REQUIREMENTS OF THE VOLUNTARY LAW.

RULES, REGULATIONS, AND FEE SCHEDULES OF THE WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION CHAPTER 1, CHAPTER, 2, & CHAPTER 10

Area of focus	Status	Comments
Setting/circumstance	Defined	The following types of testing are required and have conditions: applicant, reasonable suspicion, post-accident, random. The following types of testing are permitted but not required: periodic exam, return-to-duty, follow-up.
Drugs tested (panel)	Defined	Cocaine, marijuana, opiates, amphetamines and PCP
Specimens permitted	Defined	Lab-based urine only for employee drug testing; urine, hair or saliva for applicant testing (lab or on-site).
POCT screening devices	Limited	Specifically allowed for random, reasonable suspicion, and pre-employment. Post-accident must follow DOT rules – thus no POCT.
Alcohol testing	Permitted	Mirror DOT regs in most ways. 0.08 or higher is considered positive; EBT or “QED” saliva devices are permitted for alcohol screening; BAT or STT required.
EAP	Mentioned	Not required to have an EAP, but must inform employees of the availability of EAP services either through the company or in the community; must maintain a “resource file” of available EAP services.
Certified laboratory	Required	SAMHSA-certified lab per DOT/SAMHSA regs except for pre-employment testing which may be on-site.
WC premium discount	Permitted	Up to 5%.
WC claim denial or reduction	Permitted	Refer to Wyoming Code Ann. §27-14-102 (a)(xi)(B)(I).
Unemployment denial	Permitted	Refer to Wyoming Statutes Ann. §27-3-311 concerning misconduct.