State Drug Testing Laws Overview

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Alabama - Workers' Compensation Premium Discount Act There is a state law that provides a five percent discount to employers who establish a drug-free workplace program in compliance with the act. In order to qualify for the benefit, the program must include a written policy, employee education, supervisor training, resources of employee assistance providers, pre-employment, post-accident, reasonable-suspicion, and rehabilitation and post-rehabilitation drug testing. Employers must have their program certified in advance by the Department of Industrial Relations in order to receive the premium

Alaska - Testing must be performed by laboratories certified by the U.S. Department of Health and Human Services, the College of American Pathologists, or the American Association of Clinical Chemists. There are no restrictions placed on the types of testing that may be conducted (pre-employment, random, etc.). The act also permits the use of on-site testing provided the tests are administered by a certified test administrator and the testing products are approved by the FDA

Arizona - Voluntary Drug Testing Provisions The Arizona "Private-Sector Drug Testing and Alcohol Impairment Act" is a voluntary law which provides legal protection to employers for acting in good faith based on the results of a positive drug or alcohol test provided the employers policy and program meets the requirements of the act. If an employer conducts drug or alcohol testing, all officers, directors, and supervisors must be included.

Arkansas Voluntary Drug Testing Program This is a voluntary law that provides a premium credit on workers' compensation insurance to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act. The Act is comprehensive and requires various types of drug and alcohol testing in order to qualify for the benefits. Random testing is not required. A comprehensive written policy must be implemented and U.S. Department of Transportation drug testing procedures must be followed. An employer testing employees according to federal rules or regulations is deemed to be in compliance with this Act. Any employee who tests positive for drugs or alcohol or who refuses to be tested for drugs or alcohol may be terminated and forfeits eligibility for workers' compensation in medical and indemnity benefits. (1999) Workers' Compensation The state's workers' compensation law denies benefits when an accident is substantially caused by the use of alcohol, illegal drugs or prescription drugs use in contravention of physician's orders. The presence of any of these in the claimant's body creates a reputable presumption that the accident was substantially occasioned by the use of such substances. An employee may be entitled to benefits if it is proven by a preponderance of the evidence that the substance did not substantially cause the accident.

California On-Site Testing The California Department of Health interprets the state's laboratory licensing law to prohibit any drug test not performed in a certified laboratory or by a licensed physician. Alcohol and Drug Rehabilitation Employers with 25 or more employees must accommodate employees who wish to participate in a substance abuse treatment program, provided the accommodation does not place an undue hardship on the employer. Employees are not entitled to time off with pay for these purposes although the employee may use accrued sick time. Pre-employment, reasonable suspicion and rehabilitation testing are permitted when specific conditions are met.

San Francisco, California - Many restirictions apply to employers with operations within the city limits. Random testing of safety-sensitive workers is permitted in California, in San Francisco random testing is prohibited.

Berkely, California - The city's has one of the most stringent ordinance then in any other part of the state

Boulder, Colorado - a city ordinance places significant restrictions on the types of testing that may be conducted within the city as well as specific testing procedures that must be followed when testing is permitted.

Connecticut - Drug Testing Connecticut's drug testing law prohibits certain types of testing and includes significant and specific procedural restrictions on the types of testing that are permitted. In general, testing is limited to situations in which the employee works in a "high risk" position or where reasonable suspicion exists.

Florida - Drug-Free Workplace Act. The Florida Drug-Free Workplace Act provides that any state agency may test certain employees and job applicants for the use of drugs. The law does not require the testing of employees or applicants, but mandates that any agency which does choose to test do so in accordance with specified methods and procedures outlined in the Act.

Georgia - Drug-Free Workplace Act. This Act provides that contractors (and their subcontractors) who receive state contracts in the amount of $25,000 or more must certify that they have implemented a substance abuse prevention program. At a minimum, the program must include a written policy and an employee drug-awareness program. The Act does not address drug testing. Public Employees - Drug Testing The state's law provides that public employees in high-risk jobs may be subject to random drug testing. Refusal to submit to a random test or testing positive results in termination from employment.

Hawaii - Hawaii's law includes comprehensive procedural guidelines regarding workplace substance abuse testing. Although the requirements are primarily the responsibility of the laboratory, there are some provisions which directly impact employers. For example, employers who choose to test must use a laboratory that is certified by the Hawaii Department of Health or the Substance Abuse and Mental Health Services Administration of the U. S. Department of Health and Human Services.

Idaho - On-site testing is permitted for initial screens but must be confirmed by GC/MS if positive. A workers' compensation premium discount is available to employers who implement and maintain a program in accordance with this act.

Illinois - Drug-Free Workplace Act Provides that employers who are awarded a state contract or grant must adopt an anti-drug policy and program, and provide a copy of its policy. This law does not specifically address drug testing.

Indiana - Workers' Compensation State law denies workers' compensation benefits to employees whose injury or death was caused by his or her intoxication.

Iowa - Drug Testing The state's drug testing law was amended in 1999 to authorize most types of drug and alcohol testing provided that specific procedural and policy requirements are met. Furthermore, employers who develop implement and maintain programs in accordance with the provisions of the act are provided with immunity against any causes of action arising against the employer for actions taken pursuant to the program.

Kansas - Drug Testing While there are no restrictions on the types of testing that may be conducted, there are guidelines governing testing procedures. Certified laboratories must be used and confidentiality procedures maintained. Attorney General Opinion 97-96 (Dec 3, 1993) addresses on-site testing and exempts employers from laboratory requirements relating to on-site tests.

Kentucky - Workers' Compensation State law denies workers' compensation benefits when the employee's injury, occupational disease, or death was proximately caused primarily by the employee's intoxication

Louisiana - Drug Testing State law places no restrictions on the types of testing that may be conducted, but does provide specific requirements with regard to drug testing procedures (requires DHHS-certified laboratory, use of an MRO, etc.). The statute also provides protection against certain causes of action if the employer establishes and maintains a drug and alcohol testing program in compliance with the act. State law prohibits an employer from requiring an employee or applicant to pay for a drug test. However, an employer may withhold the cost a pre-employment drug test if the employee resigns within ninety days of starting work.

Maine - Drug Testing There is a comprehensive statute which governs workplace drug testing in Maine. There are restrictions on all types of testing and specific requirements that must be met with regard to drug testing procedures. All substance abuse programs must be approved by the Maine Department of Labor. Prior to conducting any type of drug testing, the employer must provide employee assistance program or participate in an EAP consortium.

Maryland - Drug Testing State law does not place any restrictions on the types of testing that may be conducted, but does require that specific technical procedures be followed with regard to drug testing. All testing must be conducted at laboratories certified by the Maryland Department of Health and Mental Hygiene. Hair testing is permitted for pre-employment testing only.

Minnesota - Drug Testing The state drug testing law includes significant restrictions on the types of testing that may be conducted, and places specific requirements on drug testing procedures and components of the program. An employer may not discharge an employee solely on the basis of a first-time positive drug test. The opportunity for rehabilitation must be offered. Employers may only inquire about an employee's use of over-the-counter or prescription medications after an employee tests positive on a drug test.

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