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1) Legal Outlook
Nevada state law provides a legal framework on how drug testing may be done.
Apart from this, the law does not put limitations on drug testing by
organizations.
2) Who Can Be Tested?
The law lays down the rules for testing public employees. Apart from this,
there are no limitations on the employees an organization may instruct to
undertake tests for substance use.
3) Procedure Of Testing
The legal framework defines the procedure to be adopted and the agency to be
used for drug testing. Following the framework enables employers to counter
employee compensation claims for injury under the effect of substances.
4) Drugs That Can Be Tested
There is legal acceptance of the use of marijuana under medical supervision
for certain debilitating conditions. The state drug testing law however,
does not tolerate the use of marijuana at the workplace. The law does not
spell out other drugs that should be tested for and leaves this to
individual employer discretion.
5) Location Of Testing
There are approved agencies for drug testing. If an employer has a
preference for another lab’s facilities, it may be allowed to conduct
on-site or instant urine tests. If an employer chooses to use this option,
there is an application procedure to be completed and a biennial fee of $500
that is payable. In order to fight a worker’s compensation claim, a test
report from an approved agency is stronger evidence than from an ‘exempt’
agency.
6) Policy
The law does not require organizations to maintain a stated policy document.
In the event of a worker’s compensation claim or a move to fire an errant
employee whose drug test has proved positive, a written policy is a must.
The policy must lay down the organization’s rules regarding drug use and the
effect on the employment contract if the rules are broken.
7) Penalty Of Positive Drug Testing
If the drug test has shown positive in an approved laboratory, a worker’s
compensation claim may be countered or rejected. Though marijuana is
permitted, there is no legal sanction for workplace use of the substance.
There are no further provisions in the law that direct reinstatement or
removal of an employee who has tested positive.
8) Timing Of Drug Test
There is no state law or prior event that points to a suitable timing for
drug testing. The employer may choose the appropriate timing of employment
how to pass a drug test,pass a drug test either at the start or as a basis for continuing employment.
The drug-testing agency communicates the appropriate timing in the day when
the drug testing should be carried out.
9) Notice
There is no legal guideline regarding posting a written notice at the
workplace. The absence of a notice cannot be used in defense against
prosecution for substance abuse at work.
10) Cost Of Drug Testing
The law does not clearly put the onus of the cost associated with drug
testing on the employer. Drug tests are expensive and it is necessary to
know the organization’s stand on the issue.
PASS DRUG TESTING TESTING IN NEVADA
