State: Alabama
Statute of Order: Alabama Code §25-5-330 et seq.
Covered Employers: All employers.
Applicant Testing: Testing authorized after applicant is given notice of drug-testing policy and a conditional offer of employment.
Employee Testing: Testing authorized, including random testing and testing on reasonable suspicion, as part of fitness-for-duty exam, after on- the-job injury, or as follow-up to a rehabilitation program. Employees must receive 60 days' advance notice of testing policy, which must be conspicuously posted.
Conditions & Methods: Confirming test in case of positive result. Opportunity to contest or explain positive test within five days of receiving results.
Pass Drug Testing Bulletpoints:
  • All costs of required drug testing and confirmation are to be paid by the employer. Any additional costs (i.e. retesting) not required by the employer are payable by the employee or job applicant.
  • Limited testing of job applicants are allowed under the program subject to reasonable classifications of job positions.
  • There are no prohibitions on random testing and other lawful testing procedures.
  • There are no limits to disciplinary action in the case of positive confirmed test results. Employer’s policy must specify any such action which may include ineligibility to workers’ compensation and unemployment benefits.
  • An employer may provide an employee assistance program. If the employer does not provide an employee assistance program, a resource file of employee assistance providers must be maintained. Information and access to such programs and resources must be made known to employees.
  • The employer must provide an education program on substance abuse in general and particularly its effects on the workplace. The education program shall be conducted semi-annually and shall run for one hour. Supervisors shall have an additional 2 hours of training which includes, but is not limited to, recognizing signs of employee substance abuse and the actions that may be taken.
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