Miscellaneous

What are the laws on drug testing of employees?

What are the laws on drug testing of employees?

§ 513. Drug testing of employees; prohibitions; exceptions (a) General prohibition. Except as provided in subsection (c) of this section, an employer shall not, as a condition of employment, promotion, or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, do any of the following:

Can a company require a random drug test?

(b) Random or company-wide tests. An employer shall not request, require, or conduct random or company-wide drug tests except when such testing is required by federal law or regulation. (c) Exception.

Can a person be terminated for a positive drug test?

The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program; however, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months.

Can a laboratory report a positive drug test?

A laboratory may report that a urine sample is positive only if both the initial test and confirmation test are positive for the particular drug. Test results shall only be provided by written report in accordance with subdivision (9) of this section. (8) Negative test results.

(b) Random or company-wide tests. An employer shall not request, require, or conduct random or company-wide drug tests except when such testing is required by federal law or regulation. (c) Exception.

§ 513. Drug testing of employees; prohibitions; exceptions (a) General prohibition. Except as provided in subsection (c) of this section, an employer shall not, as a condition of employment, promotion, or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, do any of the following:

Can a positive drug test be grounds for not hiring?

Positive results or refusal may be grounds for not hiring. All private employers, plus school districts and entities that furnish transportation to school districts. Testing permitted after applicant receives drug testing policy. Refusal to submit to a drug test can be basis for not hiring. Testing is required for school bus driver certification.

The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program; however, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months.