Frequently Asked Question
Workplace Drug Testing Laws For Nebraska
Nebraska has established guidelines for employers wishing to conduct drug and alcohol testing in the workplace. These guidelines are laid out in the Nebraska Drug and Alcohol Testing in the Workplace Act, which can be found under the Nebraska Revised Statutes Neb. Rev. Stat. §§ 48-1901 to 48-1910. The Act prescribes the conditions under which employers can request or require tests, the types of tests allowed, and the procedures and rights associated with the testing process.
Marijuana in Nebraska: As of my last training data cut-off in January 2022, marijuana remains illegal in Nebraska for both medical and recreational use.
For further details, please refer to the Nebraska Legislature's official website.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Not specified | Adherence to the general Act's protocols is essential. |
| Drug Panels | Not specified | But must adhere to general testing protocols under the Act. |
| Laboratory | SAMHSA-certified required | As per Neb. Rev. Stat. § 48-1903(6) |
| Medical Review Officer (MRO) | Required | Defined under Neb. Rev. Stat. § 48-1903(7) |
| Random Testing | Restricted | Must adhere to guidelines in Neb. Rev. Stat. § 48-1906 |
| Post-Accident | Permitted | With reasonable suspicion per the Act's guidelines. |
| Reasonable Suspicion | Permitted | Guidelines in Neb. Rev. Stat. § 48-1907 |
| Oral Fluids | Not specified | Adherence to the general Act's protocols is crucial. |
| Hair Testing | Not specified | Adherence to the general Act's protocols is essential. |
| Unemployment Denial | Possible | Subject to individual case review under the Act. |
| Workers Comp Discount | Not specified | Intoxication can affect claims. |
| Intoxication Defense | Permitted | Intoxication as a direct cause can be a defense. |
| Medical Marijuana | No | Marijuana remains illegal in Nebraska. |
| Recreational Marijuana | No | Marijuana remains illegal in Nebraska. |
| Report Driver DOT Positives | Subject to federal rules | Adherence to federal DOT regulations is a must. |
| General Statute | Nebraska Drug and Alcohol Testing in the Workplace Act | Detailed under Neb. Rev. Stat. §§ 48-1901 to 48-1910. |
In accordance with the Nebraska Drug and Alcohol Testing in the Workplace Act (Neb. Rev. Stat. §§ 48-1901 to 48-1910), employers in Nebraska should ensure that they follow all mandated guidelines when instituting and conducting drug testing. As marijuana remains illegal, employers should be particularly cautious about its use and the implications in the workplace. Regular consultation with legal experts is also advisable, especially given the changing landscape of marijuana laws.
Keep going
Related courses
Non-DOT Urine Specimen Collector Training
Non-DOT Urine Specimen Collector Training takes 4 hours, including mock collections. Covers "collect-only" and "QuickScreens" for non-regulated testing. Includes initial training supplies, state law updates, and multimedia learning. Certificate issued upon completion.
5 hours of training
$650.00/credit
DOT Reasonable Suspicion Training for Supervisors
DOT Reasonable Suspicion Training for Supervisors 2-hour online course. Covers drug and alcohol testing observations per 49 CFR Part 40. Training is valid in the US, Canada, and DOT-compliant countries. Also available in Spanish. Certificate issued upon completion.
2 hours of training
$60.00/credit
Non-DOT Reasonable Suspicion Training for Supervisors
Non-DOT Reasonable Suspicion Training is a 2-hour online course for supervisors in non-regulated workplaces. Focuses on identifying signs of drug/alcohol abuse, understanding the impact, and procedural responsibilities, and covers state-specific issues. Certificate issued upon completion.
2 hours of training
$55.00/credit