Many state laws affect workplace drug testing. Laws differ in each state, particularly those states
that have legalized medical marijuana, and in some cases, recreational marijuana.
Most states have some laws in place for both pre-employment drug testing and workplace drug testing
policy guidelines. It can be a challenge for employers to stay up-to-date with the latest state laws related
to drug and alcohol testing. At I Drug Screen, we have created an easy-to-use summary guide for drug
testing in the workplace. Click on the state below to find a summary of the workplace drug and alcohol testing
regulations for that state.
Regulations for Workplace Drug Testing
Regulations for workplace drug testing are critical to maintaining an effective and legal drug-free workplace
program. These regulations typically fall into several categories:
DOT Regulations
These are the drug and alcohol testing regulations for employers regulated by the United States Department of
Transportation (DOT). These regulated employers must follow these regulations as they are mandatory. The DOT
regulations for drug and alcohol testing also supersede any other State or Local regulations for drug testing or
alcohol testing conducted by these DOT-regulated employers. Learn more about DOT Compliance related to DOT
drug and alcohol testing programs.
Drug-Free Workplace Act of 1988
Employers and grant recipients working with the Federal Government may be required to implement a drug-free
workplace program due to their contract with the Federal Government. The Drug-Free Workplace Act of 1988
requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a
condition of receiving a contract or grant from a federal agency. Have questions about the Drug-Free Workplace Act
of 1988? Contact the professionals at I Drug Screen for more information.
Non-DOT Regulations
For Non-DOT testing, there are no significant regulatory requirements other than paying attention to any State laws. The
use of a qualified collection facility, a SAMHSA-certified lab, and a Medical Review Officer (MRO) is always a best
practice. Some areas that State laws might address are:
Possible requirement of a written drug-free workplace policy
Possible advance notice to existing employees of starting a new drug-testing program
Possible restrictions on the use of instant testing or point of collection testing (POCT)
Possible restrictions on random testing
Possible restrictions on termination of employment on the first offense of a positive drug test
Marijuana considerations will be required in all States when implementing or updating a drug-free workplace
policy. Review our web pages on marijuana in the workplace.
Check out our drug testing state laws chart to find more information about the State or States you are operating in.
Always seek professional assistance when implementing your drug-free workplace program. Policy development is
available from I Drug Screen.
Marijuana Laws
Many States have implemented medical marijuana or recreational marijuana laws. Some states are silent on the
issue. DOT regulations strictly prohibit marijuana, and any positive for THC is a violation. Use of CBD is always
recommended to be at your own risk as many CBD products contain more THC than advertised. Drug testing cannot
identify whether the THC on a positive drug test is from marijuana or CBD products.
Employers need to make decisions about marijuana and must publish these decisions in their drug-free workplace
policies. Our website provides a comprehensive section on marijuana in the workplace. We encourage employers to
view our marijuana pages to help with decision-making on medical marijuana and recreational marijuana. Our
consultants are also available to assist employers with these issues. Review the marijuana laws for each state.
Employers Have So Many Questions Determining Answers Is Complex! Check out our page on CBD, Marijuana, and Medical Marijuana.
Mandatory Requirements vs Voluntary Requirements
States typically break down state laws on drug testing with mandatory requirements, States with no specific
requirement or open states, and States with voluntary requirements. Court decisions or case law can also impact what
you can or cannot do in a drug-testing program in a specific state. To make it even more confusing, some states
have open, mandatory, and voluntary scenarios. In addition, many States have public works laws requiring employers
working on state-funded public projects to maintain a drug-free workplace similar to the Drug-Free Workplace Act of
1988 but on a State level.
The States with mandatory requirements have statutes that spell out what can and cannot be done with
workplace drug and alcohol testing programs. Examples of mandatory States include Connecticut, Hawaii, Iowa,
Louisiana, Maine, Maryland, Montana, Nebraska, North Carolina, Oklahoma, Oregon, and Vermont. In many cases, the
State mandatory requirements would mirror Federal or SAMHSA drug testing rules and guidelines.
The Open States generally have no statutory rules or guidelines for drug or alcohol testing. These states are not
restricting drug testing and will have no specific requirements for drug testing. Examples of open States include
New Hampshire, Nebraska, Wisconsin, Washington, Texas, South Dakota, Pennsylvania, North Carolina, Michigan, and
Massachusetts.
The Voluntary States are typically States that have voluntary laws that offer a workers’ compensation premium discount
to companies that elect to participate and follow the State program for drug-free workplaces. Although participation
is voluntary, once the employer chooses to participate in the States drug-free workplace program, there are now
requirements. Georgia and Ohio have the most aggressive voluntary law, with workers’ compensation premium discounts
up to 7% for Ohio and 7.5 % for Georgia. The Other States with voluntary drug-free workplace laws include Alabama,
Alaska, Arizona, Arkansas, Florida, Idaho, Kentucky, Mississippi, South Carolina, Tennessee, Utah, Virginia, and
Wyoming.
Regarding the Occupational Safety and Health Administration (OSHA) rule on post-accident drug and alcohol testing,
there is nothing to prohibit employees’ drug testing according to the Department of
Transportation rules or other federal or state law. It only prohibits employers from using drug testing or the
threat of drug testing to retaliate against an employee for reporting an injury or illness.
Employers should continue with post-incident drug testing according to a state or federal law, including DOT testing
and Workers’ Compensation Drug-Free Workplace policies because OSHA section 1904.35(b)(1)(iv) does not apply to
drug testing under state workers’ compensation law or other state or federal law.
Contact Us
I Drug Screen is an industry leader in drug and alcohol testing, MRO services, DOT testing services, compliance and consulting, and policy development for drug testing in the workplace. Whatever your drug
testing needs are, we can help. Contact us today at 800-385-1417 to learn more.
