PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Summary
All types of testing with no restrictions; All testing procedures with no specific requirements
2) Workers Compensation Voluntary Premium Reduction State
No
3) Employers Covered by Federal Drug Free Workplace Act
Yes – Voluntary
4) State Constitution Privacy Provision
No
5) Penalties and Remedies for Employer Non-Compliance
Yes
6) Significant Testing Restrictions
No
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
No
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
11) Alcohol Cut-off Levels
.02
12) Substances Allowed for Testing
(1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates; (6) Hallocinogens; (7) Methaqualone; (8) Barbiturates; (9) Benzadiazepines; (10) Synthetic Narcotics, designer drugs, or a metabolite of any of the above substances; and (11) Alcohol
· Substances Cut-off Levels
Not Specified
13) Drug Specimen Types
Not Specified
14) Types of Drug Testing and Restrictions
· Pre Employment
Permitted under voluntary law
· Reasonable Cause
Permitted under voluntary law
· Random
Permitted under voluntary law
· Post Accident
Permitted under voluntary law
· Follow-up Testing
Permitted under voluntary law
15) Restrictions on Types of Workplace Drug Tests
16) Collection Procedures
· Generally
· Observed Collections
If reasonable cause exists that individual tampered with specimen
· Split
Not Specified
17) Drug Testing Falsification Law
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
No
20) Laboratory Based Testing
· Laboratory Certifications
Not Specified
· Oral Fluids
Allowed
· Hair Testing
Not Specified
21) Notification of Test Results
Positive results must be provided in writing
22) Rehabilitation Requirements
Not Specified
23) Retest Required
Yes within 7 days
24) Wage Payment Requirements
Employer Responsibility
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
No
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Idaho Contributors:
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia
Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. cthuss@gmail.com or 205-283-1040
Idaho Contributors:
