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53 questions found Narrowed by State Laws.
Clear allWhat Are Employers' Rights and Restrictions for Drug Testing?
Most states let employers test applicants if notice and procedure rules are followed, but many restrict testing of current private employees. Courts generally allow post-accident testing.
Read moreWhat Are the Workplace Drug Testing Laws in Alabama?
Alabama doesn't require private employers to drug test, though many do for workers' compensation discounts. A Medical Review Officer is required, and random testing is permitted under written policy.
Read moreWhat Are the Workplace Drug Testing Laws in Alaska?
Alaska's drug testing rules are in Alaska Stat. 23.10.600 to 23.10.699, and employers who follow them gain protection from legal challenges. Random testing is permitted under the voluntary program.
Read moreWhat Are the Workplace Drug Testing Laws in Arizona?
Arizona's drug testing rules are in A.R.S. 23-493 to 23-493.06. Employers that follow the statute may test randomly under a written policy, and reasonable suspicion testing is allowed.
Read moreWhat Are the Workplace Drug Testing Laws in Arkansas?
Arkansas has a voluntary drug-free workplace program (Ark. Code Ann. §§ 11-14-101 to 11-14-112). Participating employers may test, and an excessive positive can mean termination and loss of comp benefits.
Read moreWhat Are the Workplace Drug Testing Laws in California?
California has no drug testing statute; rules come from court decisions and the constitutional right to privacy. Since January 1, 2024, AB 2188 limits penalizing off-duty cannabis use.
Read moreWhat Are the Workplace Drug Testing Laws in Colorado?
Colorado workplace drug testing is mainly governed by Colo. Const. Art. XVIII, Sec. 16 and C.R.S. 24-34-402.5. Employers must respect lawful off-duty conduct, including marijuana use.
Read moreWhat Are the Workplace Drug Testing Laws in Connecticut?
Connecticut's rules are in Conn. Gen. Stat. 31-51t to 31-51aa. Current employees may be tested only on reasonable suspicion, with limited exceptions; pre-employment testing needs written notice.
Read moreWhat Are the Workplace Drug Testing Laws in Delaware?
Delaware has no general statute regulating private employer drug testing, but employers must follow the Discrimination in Employment Act, Title 19, 710 to 719A, especially for medical marijuana users.
Read moreWhat Are the Workplace Drug Testing Laws in Florida?
Florida's rules are in Fla. Stat. 440.101 and 440.102, which set up the Drug-Free Workplace Program. Employers who follow it can earn workers' compensation premium discounts.
Read moreWhat Are the Workplace Drug Testing Laws in Georgia?
Georgia's provisions are in Title 34, Chapter 9, Article 11 of the Georgia Code, covering confidentiality, testing procedures and penalties. Recreational marijuana is illegal.
Read moreWhat Are the Workplace Drug Testing Laws in Hawaii?
Hawaii's drug testing rules are in Hawaii Revised Statutes Section 329B, covering when testing is allowed, procedures and employee rights. Recreational marijuana is not legal there.
Read moreWhat Are the Workplace Drug Testing Laws in Idaho?
Idaho's drug testing rules are in Idaho Code Title 72, Chapter 17, which protects employers who follow them. Both recreational and medical marijuana are illegal in Idaho.
Read moreWhat Are the Workplace Drug Testing Laws in Illinois?
Illinois has no single drug testing statute. The Right to Privacy in the Workplace Act protects lawful off-duty cannabis use, but employers can keep nondiscriminatory drug-free policies.
Read moreWhat Are the Workplace Drug Testing Laws in Indiana?
Indiana has no comprehensive drug testing statute and allows testing that respects privacy rights. Employers in the Voluntary Employer Program get a workers' compensation discount.
Read moreWhat Are the Workplace Drug Testing Laws in Iowa?
Iowa employers must follow the Iowa Drug-Free Workplace Act, which requires written notice and employee education. It also sets who can be tested, how tests are done and when.
Read moreWhat Are the Workplace Drug Testing Laws in Kansas?
Kansas has no comprehensive workplace drug testing law, so employers have wide discretion. A drug-free workplace program can earn workers' compensation premium discounts.
Read moreWhat Are the Workplace Drug Testing Laws in Kentucky?
Kentucky has no comprehensive drug testing statute for private employment. Employers using the state's Drug-Free Workplace Program could qualify for workers' compensation discounts.
Read moreWhat Are the Workplace Drug Testing Laws in Louisiana?
Louisiana's drug testing rules are in La. R.S. 49:1001 et seq., and employers who follow them can be shielded from litigation. Certified laboratories are required in some cases.
Read moreWhat Are the Workplace Drug Testing Laws in Maine?
Maine's substance use testing law is 26 M.R.S. 681 to 690. Employers may test only under a written substance abuse testing policy approved by the Maine Department of Labor.
Read moreWhat Are the Workplace Drug Testing Laws in Maryland?
Maryland regulates employer drug testing in Health-General 17-214. Employers must use a state-permitted or approved laboratory, and on-site screening is for applicants only.
Read moreWhat Are the Workplace Drug Testing Laws in Massachusetts?
Massachusetts has no specific statute on most testing issues, but it prioritizes privacy, so employer policies must not infringe those rights. Drug-free workplace policies can be enforced.
Read moreWhat Are the Workplace Drug Testing Laws in Michigan?
Michigan has no general statute regulating private employer drug testing, so employers may test under their own written policies and may keep drug-free workplace policies.
Read moreWhat Are the Workplace Drug Testing Laws in Minnesota?
Minnesota's Drug and Alcohol Testing in the Workplace Act is among the most detailed and employee-protective in the US. It sets rigorous requirements for employers testing employees and applicants.
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