Order a Drug Test in Alabama

Pre-Employment Drug Testing in Alabama

Employers can order laboratory pre-employment drug testing in Alabama when testing is consistent with their lawful policy and other applicable requirements. Under Alabama’s certified Drug-Free Workplace Program, applicant testing occurs after an offer of employment has been extended.

• Use a written testing policy and apply it consistently.
• For certified programs, provide required testing notice and policy information.
• Conduct certified-program applicant testing after an employment offer.
• Use documented specimen collection and chain-of-custody procedures.
• Confirm initial positive results as required by the certified program.
• Maintain confidentiality of testing information.
• Keep DOT and ordinary non-DOT testing separate.

Employer Testing Programs

A structured Alabama employer program should identify covered workers, testing reasons, substances, refusal rules, confirmation procedures, confidentiality, review procedures, and consequences for verified positive results.

For employers seeking state Drug-Free Workplace certification, §25-5-335 identifies required testing categories that include post-offer applicant testing, reasonable-suspicion testing, certain routine fitness-for-duty testing, specified follow-up testing, and qualifying post-injury testing. The same statute does not prohibit a private employer from conducting random or other lawful testing.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Alabama city, ZIP code, or area entered for the donor.

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Drug-Free Workplace Certification and Premium Discount

The Alabama Department of Workforce states that employers with a certified Drug-Free Workplace Program can qualify for a 5% workers’ compensation insurance premium discount. The program must comply with Code of Alabama §§25-5-330 through 25-5-340 and be certified by the Workers’ Compensation Division.

Required program elements include a written drug-free workplace policy, a substance-abuse testing program, Employee Assistance Program provisions, employee education, and supervisor training.

Official source: Alabama Department of Workforce — Drug-Free Workplace Program

Notice and Written Policy Requirements

Employers participating in the certified program must provide the notices and written policy information required by Alabama law before covered testing occurs.

The policy addresses matters including the types of testing that may be required, consequences of a positive confirmed result or refusal, confidentiality, employee-assistance information, and procedures available to an employee or applicant following a positive confirmed result.

Official source: Code of Alabama §§25-5-330 through 25-5-340

Testing Categories Under the Certified Program

Section 25-5-335 identifies testing categories an employer must use to qualify for the workers’ compensation premium discount.

• Post-offer testing of job applicants.
• Reasonable-suspicion testing.
• Testing connected with certain routine fitness-for-duty examinations.
• Specified follow-up testing after qualifying treatment or rehabilitation.
• Testing after an on-the-job injury involving lost work time when the statutory conditions apply.

The statute separately states that the article does not prohibit a private employer from conducting random testing or other lawful employee testing.

Official source: Alabama Drug-Free Workplace statute — §25-5-335

Collection, Confirmation, and Results

Alabama’s certified-program procedures address donor privacy, documented specimen collection, chain of custody, laboratory requirements, confirmation testing, reporting, and employee or applicant notification.

An initial positive result must be verified by a confirmation test. Section 25-5-335 also requires written notice to the employee or job applicant within five working days after the employer receives a positive confirmed laboratory result, including the consequences and available options.

Official source: Alabama Drug-Free Workplace statute — §25-5-335

Confidentiality of Testing Information

Alabama’s certified Drug-Free Workplace Program contains confidentiality requirements for information, reports, statements, memoranda, and drug-test results received through the substance-abuse testing program.

Employers should limit access to testing information and maintain records according to the applicable statutory, program, medical-record, and federal requirements.

Official source: Alabama Drug-Free Workplace statute — §25-5-339

Certification Does Not Eliminate Other Lawful Testing

Alabama’s Drug-Free Workplace article does not eliminate an employer’s rights under state or federal law to conduct drug testing or maintain a drug-testing program.

The important distinction is that only a program satisfying the statutory certification requirements qualifies for the workers’ compensation premium reduction available under the Alabama Drug-Free Workplace Program.

Official source: Alabama Drug-Free Workplace statute — §25-5-338

No Required Medical-Cannabis Accommodation

Alabama Code §20-2A-6 states that the medical cannabis chapter does not require an employer to permit, accommodate, or allow medical cannabis use or to modify a job or working conditions because an employee uses or seeks to use medical cannabis.

Employers should still review other laws that independently apply to the employment relationship and should address medical information appropriately.

Official source: Alabama Medical Cannabis Commission — §20-2A-6

Employer Drug-Testing Policies Are Preserved

Section 20-2A-6 expressly states that the medical cannabis law does not prohibit or limit an employer from establishing or enforcing a drug-testing policy, including a policy prohibiting medical cannabis use in the workplace.

The law also preserves an employer’s ability to implement an Alabama Drug-Free Workplace Program under the workers’ compensation statute.

Official source: Alabama Medical Cannabis Commission — §20-2A-6

Employment Action Based on Medical Cannabis Use

Alabama’s medical cannabis statute does not prohibit an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action based in whole or in part on an individual’s use of medical cannabis, regardless of impairment or lack of impairment resulting from that use.

The statute also permits an employer to adopt a policy requiring employees to notify the employer if they possess a medical cannabis card.

Official source: Alabama Medical Cannabis Commission — §20-2A-6

Federal and DOT Rules Remain in Place

Alabama’s medical cannabis law expressly states that it does not interfere with or impede federal employment restrictions, including regulations adopted by the U.S. Department of Transportation.

Employers with DOT-regulated or otherwise federally controlled positions must follow the applicable federal requirements even when an individual is authorized to use medical cannabis under Alabama law.

Official sources: Alabama Code §20-2A-6 and U.S. DOT — 49 CFR Part 40

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA — see DTC FMCSA resources.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules — see DTC DOT regulations and DTC DOT drug testing.