State: Nebraska
Statute of Order: Neb. Rev. Stat. §48-1901 et seq.
Covered Employers: Private employers with six or more employees; public employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized without restriction. Discipline or discharge authorized after a confirming positive test or refusal to submit to test.
Conditions & Methods: Confirming test in case of positive findings, option for blood test after positive breath test, and methods to ensure confidentiality of test findings.
Pass Drug Testing Bulletpoints:
  • Employers must pay for the costs of medical examination that is required by the employer to any applicant as a condition of employment. Violations of this provision constitute a Class V misdemeanor per individual offense.
  • Confirmatory tests conducted by a certified laboratory in compliance with the federal Clinical Laboratories Improvement Act is required before any adverse employment action can be taken by the employer versus an employee in the case of a positive test result.
  • The act of altering or tampering with the results of drug or alcohol tests is regarded as a Class I misdemeanor and is a ground for disciplinary action including termination of employment. An employee’s refusal to test is also a ground for discontinuation of employment.
  • Workers’ compensation and unemployment benefits may be denied of an employee if the circumstances for the claim are due to intoxication or being under the influence of a controlled substance.
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