Workplace Drug Testing Laws

Are you drug testing employees but need to know the workplace drug testing laws in your state? We have simple, easy-to-understand courses designed for business owners, compliance officers, human resource professionals, employment attorneys, third party administrators, service providers, and drug testing industry consultants.

Workplace drug testing laws vary widely from state to state and often change from year-to-year–sometimes even changing several times a year. These courses will give you a snapshot of the current legal landscape in the jurisdiction including important current state constitutional law, statutory authority, administrative rules, top case law, and workers’ compensation and unemployment benefit rules regarding employees who have tested positive on the job.

Employee Drug Testing Laws By State

To begin a workplace drug testing law course, select a state, and then click on the enroll now button. If you have any questions please contact us at 1-888-390-5574.

MITIGATE RISK, IMPROVE EFFICIENCY, AND CUT COSTS

Our in-house employer drug testing training bundles include everything you need to start drug testing your own employees and maintaining a drug-free workplace. Questions? Call 1-888-390-5574.

In-House Drug Testing for Employers

DOT & NON-DOT COURSES:

Reasonable Suspicion Training

DOT BAT Breath Alcohol

EBT Device Training – All Models

Specimen Collector Training

DER & DAPM Training

Refresher Training

Drug Testing Laws

Start a Drug Testing Business

Train-the-Trainer

Who needs to learn and understand drug testing laws?

Employers, laboratories, collection sites, substance abuse professionals, third-party administrators, medical review officers, and other service agents should be familiar with the workplace drug and alcohol testing laws in the state or states in which they operate. However, employees, labor unions, and labor and employment attorneys also benefit from the information provided in these courses.

What information is included in the courses?

These courses are meant to provide a thorough overview and explanation of the workplace drug and alcohol testing laws in the respective state. This includes answering important questions like whether a drug-free workplace program is mandatory for a particular employer, what the advantages and disadvantages are to adopting a program in the state, whether instant testing is allowed, who should pay for the drug test, the status of medical and recreational marijuana, whether an employer can deny unemployment or workers’ compensation claims as a result of a drug-free workplace policy violation, and much more. Every state has a different approach to the implementation of a drug-free workplace program and understanding these distinctions allows anyone involved in the drug and alcohol testing process to maximize the benefits of the program while learning to avoid certain potential pitfalls.

What information is included in the courses?

These courses are meant to provide a thorough overview and explanation of the workplace drug and alcohol testing laws in the respective state. This includes answering important questions like whether a drug-free workplace program is mandatory for a particular employer, what the advantages and disadvantages are to adopting a program in the state, whether instant testing is allowed, who should pay for the drug test, the status of medical and recreational marijuana, whether an employer can deny unemployment or workers’ compensation claims as a result of a drug-free workplace policy violation, and much more. Every state has a different approach to the implementation of a drug-free workplace program and understanding these distinctions allows anyone involved in the drug and alcohol testing process to maximize the benefits of the program while learning to avoid certain potential pitfalls.

When and how often should you take a course on drug testing laws?

Whether through legislation such as a medical marijuana bill or through common law such as a recent and important court case, the law on drug and alcohol testing in the workplace is one of the most rapidly evolving categories of the law. Therefore, we highly recommend taking one of these courses for each state in which you operate annually.

Where can you take a drug testing law course?

All of our courses are available online and on-demand. You can enroll by selecting the state or states below in which you operate, continue through registration, and a set of login instructions will be emailed to you within minutes. In some instances, this information may be delayed if the course is undergoing an important update or review to ensure the most current drug and alcohol testing law information is conveyed.

Why are drug testing laws so important to understand?

Risk

A prospective employee admits to using marijuana but has evidence of a legal marijuana prescription. Your policy prohibits the use of marijuana. Is this a violation? It depends on the state. In some states considering this a violation is against the law as prohibited discrimination, in another state you may be subject to liability for negligent hiring practices if you place her in a safety-sensitive position and she causes injury.

Money on the Table

Studies show that drugs and alcohol in the workplace contribute to more accidents, absenteeism, lower productivity, and decreased morale which create indirect costs on the workplace. It often makes sense for an employer to adopt a program. Many states provide financial incentives for adopting a drug and alcohol free workplace program in the form of workers’ compensation insurance premium rebates or discounts. These benefits are unique to the state, but you may never learn about them unless you take a workplace drug and alcohol testing course.

Lawful Activity

High turnover employers prefer to get drug and alcohol testing results instantly. Many resort to instant testing urine or saliva to achieve this goal. However, is this method lawful? This depends on the state, whether the employer has adopted a policy under the state voluntary drug-free workplace program or independent of it, and the general procedures in how a non-negative result is carried out. Understanding the state drug and alcohol testing laws is an important step in avoiding unwittingly committing unlawful activity.

Better Negotiations

Employers and labor unions often fiercely negotiate the terms of a drug-free workplace program. Critical to this negotiation process is actually knowing what limitations the state may or may not place on the terms of that bargain. Likewise, employers and their service agents (laboratories, medical review officers, collection sites, etc.) often engaging in negotiations on the price and extent of services to be rendered in the implementation of a drug-free workplace program. Both parties are at an advantage if they can express a solid understanding of the status of the laws in the state(s) which are the subject of the negotiations.

Select a State

With drug and alcohol testing laws constantly changing, it’s important to stay up-to-date with the proposed, pending, and newly enacted drug and alcohol testing laws for each state that you operate in. The content we provide is reviewed by our team of legal researchers on a regular basis to ensure the accuracy of the content. Each person who enrolls in the course will receive free law updates for the calendar year.

Enroll & Start Your Course

Our workplace drug testing law courses are perfect for anyone responsible for drug and alcohol testing in the workplace. This includes employment law attorneys, human resource professionals, business owners, or even interested employees. Enroll now and start immediately or enroll and finish later. Work on your own time and at your own pace.

Earn a Certificate

Once you complete your workplace drug and alcohol testing law course you will earn an immediately downloadable certificate. Include the certificate on your resume or hang on your wall. In addition, you will be granted access to our free dynamic trust seal to show the world you are committed to a drug-free workplace.

Obtain Continuing Education Credits

The majority of our workplace drug and alcohol testing law courses come with continuing education credits for many of the leading human resources organizations, state boards of nursing, and other credentialing organizations. To confirm if we currently offer CE credits for your specific organization, please contact us at 1-888-390-5574.

For more information on drug testing laws visit the SAMHSA.