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No Two States With Identical Drug Testing Laws.
Some states have laws on drug testing some states do not. Most states have case law that defines how drug testing can be conducted and under what circumstances. There are many states with voluntary laws for employers in order for them to qualify for benefits such as workers compensation. Everyone must operate within the law whether tester or tested.
Testers might be required to comply with all state laws where their business operates. This means that if a company is headquartered in Florida and operates in New York and California, they must comply with the laws of all three states.
Drug Testing Laws Typically Focus On Three Main Areas:
For the tester, the third category of laws typically require little attention. The first two categories are a concern. Today, very few legal challenges attack the analytical process or science of drug testing. The challenges usually focus on the first two areas.
Most lawsuits deal with employers drug testing policies and compliance with applicable laws. For this reason, understanding state laws and incorporating them into a personal policy is critical to the success of a drug testing program.
The Americans with Disabilities Act (ADA)
Drug testing is allowed under the ADA as they do not consider drug abuse a disability and the law does not regulate nor prohibit testing. Instead of a comprehensive regulatory system, federal law provides for specific agencies to adopt drug testing regulations for employers under their jurisdiction.
The Department of Defense
The DoD reqequire defense contractors to set up procedures for identifying drug users.
The Department of Transportation
The DOT requires the groups it regulates to conduct random drug and alcohol testing for workers in safety sensitive jobs, as well as testing after accidents and when there is "reasonable suspicion" of employee substance abuse. The federal Omnibus Transportation Employee Testing Act (OTETA) requires tests for all operators of aircraft, railroad equipment, mass transportation vehicles and commercial motor vehicles.
Drug Laws By State
As there is no comprehensive federal drug testing law and this leaves things open to state regulation. Many states have enacted provisions imposing drug testing restrictions of various kinds. Some limit testing to "reasonable suspicion" or "probable cause" situations. Still others explicitly authorize random testing under certain circumstances and impose restrictions on public sector employers but not on private companies. Many states prescribe specific methods for handling of specimens and use of test results. Source: ACLU, rev. April 2004
What Are The Similarities And Differences Of Drug Testing Laws Across The Country.
As a general rule, testing is presumed to be lawful unless there is a specific restriction in state or federal law. The law on employee privacy and related issues is always evolving, and any testing program that is not explicitly authorized by law could be open to legal challenge.
What Happens For Failing A Drug Test?
The ramifications for failing a drug test depends on the employer's and/or testers policies on drug abuse, as well as the provisions in municipal or state drug testing laws.
Under drug testing laws, your employer might legally have good cause to fire or deny you promotion, while potential employers might justifiably refuse to hire you. If you're fired for failing a drug test or you injure yourself and then test positive, state or local drug testing laws (or other laws) might even allow your employer to deny you unemployment, worker's compensation or disability benefits.
Drug testing laws vary by municipality and not every employer, state and municipality has a mandatory zero-tolerance policy.
At this writing, pending lawsuits are challenging random workplace drug testing as a violation of the Fourth and Fourteenth Amendments. Additionally, employees and job candidates have sued for random drug testing and won, even though they tested positive. In some cases, they've won simply because employers did not abide by municipal or state workplace drug testing laws. For example, some municipal or state drug testing laws limit discipline for employees who test positive the first time or don't allow employers to make job candidates or employees pay for drug testing.
The Bottom Line: It really depends on your particular situation. If you fail or refuse drug testing and suffer consequences, you might be able to challenge employer policies or drug testing laws in court. Seek Legal Advice at that point.
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Drug Laws By State For All 50 States
State Drug Laws Do Not Override Federal Drug Laws.
Pass Drug Testing By Understanding State Drug Laws.
