Drug Testing Law and Regulations in United States, Different US States and Territories

FEDERAL LAW

The drug-testing movement began in 1986, when former President Ronald Reagan signed Executive Order 12564, requiring all federal employees to refrain from using illegal drugs, on or off-duty, as a condition of federal employment. Two years later, Congress passed the Drug-Free Workplace Act of 1988. That, in turn, spawned the creation of federal Mandatory Guidelines for Federal Workplace Drug Testing Programs (Section 503 of PUBLIC LAW 100-71). The mandatory guidelines apply to executive agencies of the federal government, the uniformed services (excepting certain members of the armed forces), and contractors or service providers under contract with the federal government (excepting the postal service and employing units in the judicial and legislative branches).

Although the Act only applies to federal employees, many state and local governments followed suit and adopted similar programs under state laws and drug-free workplace programs.

Constitutional Protections
The U.S. Constitution does not prohibit drug testing of employees. However, in the U.S. Supreme Court case of Treasury Employees v. Von Raab, 489 U.S. 656 (1989), the high court ruled that requiring employees to produce urine samples constituted a "search" within the meaning of the Fourth Amendment to the U.S. Constitution. Therefore, all such testing must meet the "reasonableness" requirement of the Fourth Amendment (which protects citizens against "unreasonable" searches and seizures). The Court also ruled that positive test results could not be used in subsequent criminal prosecutions without the employee's consent.

The other major constitutional issue in employee drug testing involves the Fifth Amendment (made applicable to the states by the Fourteenth Amendment), which prohibits denial of life, liberty, or property without "due process of law." Since the majority of private-sector employees in the United States (excepting mostly union employees) are considered "at-will employees," an employer need not articulate a reason for termination of employment. However, under certain circumstances, the denial of employment or the denial of continued employment based on drug test results may invoke "due process" considerations, such as the validity of the test results, the employee's right to respond, or any required notice to an employee.

Finally, under the same constitutional provisions, persons have a fundamental right to privacy of their person and property. Drug testing, although in itself deemed legal, may be subject to constitutional challenge if testing results are indiscriminately divulged, if procedures for obtaining personal specimens do not respect the privacy rights of the person, or if testing is unnecessarily or excessively imposed.

ALABAMA

• Alabama Law - Unemployment Compensation - The state law may deny benefits where there is a confirmed positive blood or urine drug test for drugs, provided the employee received a written warning pursuant to the employer's reasonable drug policy. A confirmed positive drug test conducted in accordance with the U.S. Department of Transportation's testing standards or standards shown by the employer to be otherwise reliable, provides a conclusive presumption of impairment. A refusal-to-test or tampering with a blood or urine test will also disqualify employees from eligibility for benefits.
• Alabama Law - Workers Conpensation - The state’s law may deny benefits if the employee's injury was due to intoxication from the use of alcohol or being impaired by illegal drugs. A positive drug test performed in accordance with the U.S. Dept. of Transportation's regulations is considered a conclusive presumption of intoxication. An employee's refusal to undergo a drug test also is a valid basis for denial of workers' compensation if the employer warns the employee, in writing, that such a refusal forfeits the employee's right to compensation under the law. The state has a voluntary law that provides a 5% discount to employers who establish and maintain an annually certified drug-free workplace program in compliance with the Act. Self-insured employers are not eligible. Details on the Act can be found on the Alabama State Law--Drug Free Workplace Act page.
• Alabama Law - Drug-Free Workplace Act - It is the intent of the Legislature to promote drug-free workplaces.

ALASKA

• Alaska Law - Drug Testing -No mandatory drug testing law. ALASKA Voluntary Drug Testing Act is a voluntary law which provides legal protection to employers who establish a drug and alcohol policy and testing program in compliance with the act. In order to receive the benefits of the law, employers must implement a comprehensive policy and must adhere to specific collection, testing, and confidentiality procedures.
• Alaska Law - Workers' Compensation - ALASKA Workers' Compensation Injuries proximately caused by the employee's intoxication or use of non-prescribed drugs are not compensable.
  The presumption does exist, however, that an employee's injury was not proximately caused by intoxication or illegal drug use; employers must present substantial evidence to overcome this presumption.
  An uninsured employer may not be liable if employee negligence was willful and with intent to cause the injury or was the result of willful intoxication on the part of the injured party.
• There are special regulations for transportation employees drug testing - Drug Testing for School Bus Drivers and Marine Pilots.

ARIZONA

• Arizona Law - Drug Testing - No state mandatory drug-testing law. Voluntary "Arizona Private-Sector Workplace Drug-testing and Alcohol Impairment Act” provides legal protection (no cause of action may be brought for adverse employment actions taken in good faith based upon a positive drug or alcohol impairment test) to employers who have established an alcohol-testing or drug-testing program that meets the requirements of the Act.
• Arizona Law - Unemployment Compensation - An employee may be denied benefits if discharged for willful misconduct (failure to pass or refusal to take a drug or alcohol test pursuant to the Private-Sector Workplace Drug-testing and Alcohol Impairment Act; repeated intoxication, and any effects or aftereffects on job performance).
• Arizona Law - Workers' Compensation - Injury or death may not be compensable under the law when substantially caused by employee use of alcohol or unlawful use of drugs, except when employer had knowledge of or permitted or condoned this use, or if employee fails to pass, refuses to cooperate with, or refuses a drug or alcohol test AND the employer is in compliance with the voluntary act. An employee may be entitled to benefits if he can prove that the use was not a contributing cause of the injury, BAC was lower than .10 percent, or the test used cut-off levels that were lower than the federal DOT levels. [Note: This law has been ruled unconstitutional in case law.]
• There are special regulations for transportation employees drug testing - Testing for School Transportation Employees, School Bus Drivers and Hoist Operators.

ARKANSAS

• Arkansas Law - Workers' Compensation - Benefits will be denied when an accident substantially results from the use of alcohol, illegal drugs, or prescription drugs used in contravention of doctor’s instructions, the presence of which creates a rebuttable presumption that they are the cause of the accident. Employees are deemed to have consented to testing by performing services for the employer. Voluntary Workers’ Compensation Premium Reduction Law provides a minimum 5% discount to employers who implement and maintain a certified drug-free workplace program.
• There are special regulations for transportation employees drug testing - Any person employed by a State employer in a safety-sensitive transportation job, or who has submitted an application for employment with an employer in the State in a safety-sensitive transportation job, for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations and who holds a commercial driver's license shall submit to drug and alcohol testing. The employer must report to the State Office of Driver Services the results of the alcohol screening test, or the refusal to provide a specimen for the screening test, within 3 business days. The State Office of Driver Services shall maintain the information received, which is considered confidential, in a database, to be known as the Commercial Driver Alcohol and Drug Testing Database, for at least 3 years. An employer can request information from the database for each employee who is subject to drug and alcohol testing. The penalty for an employer who knowingly fails to check the database as required is $1,000, effective July 1, 2008. The penalty for knowingly hiring an employee with a record of a positive alcohol or drug test in the database is $5,000. The penalty for an employer who knowingly fails to report an occurrence regarding a drug test is $500. Such penalties do not apply to the State or to an agency or political subdivision of the State. CDL Driver Testing
• Arkansas Law - Unemployment Compensation - Benefits are denied for drinking alcohol on the job, reporting to work intoxicated with alcohol or controlled substances, or testing positive for illegal drugs in accordance with Federal DOT procedures and employer’s written drug policy.
• Arkansas Law - Drug-Free Workplace Act - It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees.

CALIFORNIA

• California Law - Workers' Compensation - Benefits denied if injury is caused by employee’s intoxication by alcohol or drugs.
• California Law - Transportation Drug Testing - School Bus Driver Testing--Drivers of school transportation vehicles (those which are not a school bus, school pupil activity bus, or youth bus and which are not used for the primary purpose of transporting children) who are employed to drive such vehicles and who are not otherwise required to participate in a testing program of the U.S. Secretary of Transportation shall participate in a program that is consistent with the controlled-substance and alcohol use and testing requirements of the U.S. Secretary of Transportation that apply to school busdrivers and that are set forth in Title 49 of the Code of Federal Regulations.
  Motor Carriers—Motor carriers and drivers must comply with DOT drug and alcohol testing requirements. Motor Carriers—A motor carrier may be liable for triple damages for any injury proximately caused by driver under the influence of alcohol or a controlled substance at the time of the accident, or for willfully failing to comply with DOT testing requirements.
• California Law - Drug Testing - Alcohol and Drug Rehabilitation—Employers of 25 or more must reasonably accommodate employee wishes to participate in a rehabilitation program, provided no undue hardship is created. Payment for Medical Examination—Employee may not have to pay for pre-employment or continuing employment exam. On-Site Testing--The California Department of Health interprets the state's laboratory licensing law to prohibit any drug test not performed in a certified laboratory or by a licensed physician.
• California Law - Unemployment Compensation - Benefits denied for chronic absenteeism due to intoxication, reporting to work intoxicated, using intoxicants on the job, for gross neglect of duty while intoxicated, or for leaving employment for reasons caused by an irresistible compulsion to use intoxicants.
• California Law - Drug-Free Workplace Requirements - State contractors and grantees required to certify that they have a published and distributed policy on controlled substances and consequences of violation, and a drug-awareness program.

COLORADO

• Colorado Law - Workers' Compensation - State law provides that benefits may be reduced by 50% when injury results from presence during working hours of non-prescribed drugs or alcohol of 0.10 or more (or at or above a lower level set by federal statute or regulation). Positive test creates a presumption of intoxication and that injury was due to intoxication, although this presumption may be overcome by clear and convincing evidence. Employee pays for requested retest.
• Colorado Law - Unemployment Compensation - State law provides benefits may be denied for off-job use of non-prescribed substances or alcohol if it interferes with job performance, on-job use or distribution, or testing positive for non-prescribed substances or alcohol at or above 0.04 (or a a lower level set by federal statute or regulation). Benefits may be provided if employee admits to being an alcoholic or drug addict and provides doctor’s note and proof of enrollment in a rehabilitation program.
  

CONNECTICUT

• Connecticut Law - Workers' Compensation - Benefits denied when accidental injury, disability, or death due to use of alcohol or narcotics.
• Connecticut Law - Unemployment Compensation - Employer not charged for benefits when employee violated employer’s drug-testing policy (established in accordance with state or federal law). Benefits denied if employee disqualified under state or federal law from performing work as a result of drug or alcohol testing program mandated by and conducted in accordance with such law.
• Connecticut Law - Transportation Drug Testing - Drivers of motor vehicles in excess of 10,000 pounds, mechanics of those vehicles or other commercial vehicles, and forklift operators may be required to submit to testing in accordance with Federal DOT regulations, even if testing is not mandated by Federal regulation. Regulations re school bus operators and operators of student transportation vehicles; qualifications; training. Preemployment drug test required for operators Conn. Drug and alcohol testing of drivers of certain vehicles, mechanics and forklift operators Conn.
• Connecticut Law - Drug Testing - Preemployment, For-Cause, Post-Accident, Rehabilitation, and Safety-Sensitive testing permitted.

DELAWARE

• Delaware Law - Drug Testing - The State Code was amended such that all public-works contracts, which are paid in whole or in part through public funds, will include provisions requiring the contractor, its agents, and its employees to implement a mandatory drug-testing program for all employees or agents working on the jobsite in nonclerical positions. Provisions governing mandatory drug testing shall be incorporated into all public-works contracts, and the rules governing the administration of such tests shall be promulgated by the director of the State Office of Management and Budget. Rules promulgated pursuant to the changes in the code shall not require a contractor to disclose any results of drug testing to law enforcement officials. However, the rules promulgated shall require that any contractor, agent, or employee who fails a mandatory drug test not be permitted to work on any public-works jobsites until 30 days after passing the drug test. Any State Department of Education employee working in the prison education program and whose permanent work assignment location resides within or on the campus of a State Department of Correction Level 5 or Level 4 facility must submit to the same random drug-testing procedure required of State Department of Correction employees.
• Delaware Law - Transportation Drug Testing - School bus and CDL drivers drug and alcohol testing
• Delaware Law - Workers' Compensation - Benefits denied if accident or injury resulted from intoxication; burden is on the employer to prove the intoxication was the cause of the accident or injury.

DISTRICT OF COLUMBIA

• District of Columbia Law - Workers' Compensation - Benefits denied if injury caused solely by intoxication.
• District of Columbia - Unemployment Compensation - Benefits denied for gross misconduct (including intoxication, use or impairment by alcohol, controlled substance or other intoxicant, or possession of a controlled substance); if violation of employer’s rules is basis for disqualification then employee must know of the rule, which must be reasonable and consistently enforced; burden of proof is on employer.

FLORIDA

• Florida Law - Workers' Compensation - Medical and indemnity benefits are forfeited, and an employee may be discharged for testing positive for alcohol or a prohibited drug, or refuses to test, provided the employer has a program in compliance with the Workers’ Compensation Premium Reduction Act. Benefits denied if injury caused primarily by employee’s intoxication or use of drugs not prescribed by physician. If employer does not have a certified program, an injured employee’s positive test or refusal to test creates a rebuttable presumption that the injury was caused primarily by the impairment, unless the employer had actual knowledge of and acquiesced while employee was under the influence. Voluntary law provides a 5% discount for implementing and maintaining an annually certified drug-free workplace program (including drug and alcohol testing) in compliance with the Act, and provides that a positive test creates a rebuttable presumption that the employee be denied benefits.
• Florida Law - Unemployment Compensation - Benefits denied to rejected applicant or discharged employee who tests positive on drug-test, which if part of a drug-free workplace program pursuant to the Workers’ Compensation Premium Reduction Act or equivalent standard established by federal law or regulation creates a rebuttable presumption that applicant or employee used controlled substances.
• Florida Law - Drug-Free Workplace - The Florida Drug-Free Workplace Act provides that any state agency may test certain employees and job applicants for the use of drugs. The law does not require the testing of employees or applicants, but mandates that any agency which does choose to test do so in accordance with specified methods and procedures outlined in the Act.
  Where two or more bids of equal merit are submitted to win a contract, there is a preference given to businesses with drug-free workplace programs.
  Building construction and electrical and alarm contractors performing work related to public school system facilities, public property, publicly owned buildings, or state correctional facilities are required to implement a drug-free workplace program in compliance with the Workers’ Compensation Premium Reduction Act.
  The State Division of Pari-mutuel Wagering has adopted and implemented certain rules and procedures that apply to licensees of slot machine gaming. One of those rules is that the licensees must implement a drug-testing program for employees that includes, but is not limited to, requiring each employee to sign an agreement that he or she understands that the slot machine facility is a drug-free workplace. The division may impose a civil fine of up to $5,000 for each violation of the rules and procedures in place under the State statute affecting gaming.

GEORGIA

• Georgia Law - Drug-Free Workplace - Drug-Free Workplace Programs. It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.
  Drug-Free Public Work Force. Public employees in high-risk jobs may be subject to random drug testing. Refusal to submit to a random test or testing positive results in termination from employment.
  Requires individuals and subcontractors who receive state contracts of $25,000 or more to certify that they have a published and distributed policy on controlled substances and consequences of violation, a drug-awareness program, and notified employees of their responsibility to report convictions within five days.
  Random Drug Testing of High-Risk Jobs Employees; Drug Testing for State Employment.
• Georgia Law - Unemployment Compensation - Benefits denied for violating employer’s drug-free workplace policy; burden of proof for cause in on the employer, and the presumption of eligibility is with the employee; employer may introduce a drug and/or alcohol test to demonstrate violation of policy, which will create a rebuttable presumption of violation, which can be disputed by employee by submitting laboratory test results.
• Georgia Law - Workers' Compensation - Benefits are denied when injury or death is due to intoxication or being under the influence of a controlled substance, unless prescribed by a physician; refusal to test, or alcohol test taken within 3 hours of accident showing BAC of 0.08 or a positive drug-test within 8 hours of accident, creates a rebuttable presumption that the injury was caused by alcohol or drug use. Voluntary law provides a minimum of 7.5% discount on premiums to employers who implement and maintain an annually certified drug-free workplace program in compliance with the Act, and to self-insured employers who implement a program substantially in compliance with the Act.

HAWAII

• Hawaii Law - Drug Testing - The law includes comprehensive procedural guidelines regarding workplace substance abuse testing. Although the requirements are primarily the responsibility of the laboratory, there are some provisions which directly impact employers.
  The State Revised Statutes were amended by modifying the definitions of two key terms. A substance abuse onsite screening test is now defined as a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distribution or is manufactured by a facility that is minimally certified as meeting the standards established by the International Organization for Standardization and that may be used by an employer in the workplace. A substance abuse test is any testing procedure designed to take and analyze body fluids or other materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample test. Every employer shall administer the test according to the package insert that accompanies the test. Employers shall have the employee or prospective employee report, within 4 hours after testing positive, to a laboratory licensed by State regulation, and the employers are required to bear the cost of the laboratory testing. Employers are empowered to take punitive action against any employee who fails to show up for the laboratory test. All information concerning the substance abuse onsite screening test shall be strictly confidential. Under certain circumstances, employers are prohibited from discharging, suspending, or discriminating against any employee who tests positive for the presence of drugs, alcohol, or the metabolites of drugs.
• Hawaii Law - Workers' Compensation - Compensation denied if an employee's injury was incurred by his or her intoxication. In the absence of substantial evidence to the contrary, it is presumed that the injury was not caused by the intoxication of the injured employee.
  Workers' Compensation Premium Discount Program Insurance carriers must offer a discount of at least five percent on insurance rates to employers who maintain an effective safety and health program. The act does not specifically mention drug-free workplace programs, but does direct the Department of Labor and Industrial Relations to issue standards and rules.

IDAHO

• Idaho Law - Workers' Compensation - Workers' compensation payments may be reduced by 50% when the proximate cause of the injury is the employee's use of intoxicants. Employers who implement and maintain a drug-free workplace program in accordance with the state's voluntary drug testing law receive a premium discount of up to 5%.
• Idaho Law - Drug Testing - A law relating to employee assistance programs clarifies that information communicated in an EAP session is privileged and confidential, and that employers do not have a right to this information, nor can they be held liable for information communicated during an EAP session.
  Welfare to Work-Screening and Testing. It is the intent of the legislature that the provisions of this act enhance the employability of participants in the temporary assistance for families in Idaho (TAFI) programs through substance abuse screening and, where appropriate, testing and treatment.
• Idaho Law - Unemployment Compensation - DISCHARGE FOR WORK-RELATED MISCONDUCT -- FAILURE OR REFUSAL OF TESTING. FAILURE OF CLAIMANT TO ACCEPT SUITABLE WORK.

ILLINOIS

• Illinois Law - Drug Testing - Illinois has not enacted its own legislation, but it allows private employers to require all employees to conform to the requirements of the federal Drug-free Workplace Act of 1988. No employer shall require any employee or applicant for employment to pay the cost of a medical examination. Defrauding drug and alcohol screening tests. “Handicap” defined.
• Illinois Law - Transportation Drug Testing - Regional Transportation Authority testing and School Bus Driver testing.

INDIANA

• Indiana Law - Drug Testing - The State Code was amended to require employees of public-works contractors to be tested for drugs. Solicitations for public-works contracts must require that each contractor include with its bid a written plan for testing its employees for drugs. Bids that lack such a plan may not be awarded the contract. A contractor's employee drug-testing program must satisfy the following criteria:
  (1) each employee is subject to a drug test at least once a year,
  (2) at least 2 percent of the contractor's employees are randomly selected each month for testing,
  (3) the program tests for a five-drug panel consisting of amphetamines, cocaine, opiates, phencyclidine (PCP), and tetrahydrocannabinol (THC),
  (4) the program imposes progressive discipline on any employee who fails a drug test,
  (5) the program may require the dismissal of any employee who tests positive on a drug test, and
  (6) the employer advises the employee of any program of treatment or rehabilitation covered by insurance provided by the employer.
  
  Collective bargaining agreements that include an employee drug-testing program meet the requirements of the Code if the following criteria are included:
  (1) the program calls for random testing of the employees,
  (2) the program tests for the aforementioned five-drug panel,
  (3) disciplinary measures are imposed if the employee fails the drug test,
  (4) the employee is subject to suspension or immediate termination upon failing a drug test,
  (5) the employee, if suspended, is not eligible for reinstatement until he or she tests negative for the five drugs on the panel,
  (6) the employee is subject to unscheduled sporadic testing for at least 1 year after reinstatement, and
  (7) any employee who fails more than one drug test must complete a rehabilitation program recommended by a substance abuse professional.
• Indiana Law - Workers' Compensation - Benefits denied to employees whose injury or death was caused by his or her intoxication.
• Indiana Law - Unemployment Compensation - An employee who is discharged for "just cause" is disqualified from receiving unemployment compensation benefits. "Just cause" includes reporting to work under the influence of alcohol or drugs, consuming alcohol or drugs on the employer's premises during work hours, or knowingly violating a reasonable and uniformly enforced work rule.
• Indiana Law - Transportation Drug Testing - School bus driver or school bus monitor.
• Indiana Law Mine Employee Drug Testing - Drug and alcohol testing of mine employee

IOWA

• Iowa Law - Drug Testing -The State amended its policy for the employer practice of unannounced drug and alcohol testing. Employers may conduct unannounced drug or alcohol tests on employees selected from three pools. The first pool consists of the entire employee population at a particular worksite of the employer, except for employees not subject to testing pursuant to a collective bargaining agreement, those who are not scheduled to be at work at the time the testing is to be conducted because of their status (for example, those on annual or sick leave and those in training), and those who have been excused from work pursuant to the employer's work policy prior to the time the testing is announced to the employees. The second pool consists of the entire full-time active employee population at a particular worksite, minus those exempt because of a collective bargaining agreement, those not scheduled to be at work at the time testing is conducted because of their status, and those who have been excused from work pursuant to the employer's work policy. The final pool consists of all employees at a particular work-site who are in a pool of employees in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted, other than employees not subject to testing pursuant to a collective bargaining agreement or employees who are not scheduled to be at work at the time testing is to be conducted or who have been excused from work pursuant to the employer's work policy prior to the time the testing is announced to the employees.
• Iowa Law - Workers' Compensation - An employee may be disqualified from benefits coverage if the employee's injuries are caused by the employee's intoxication or use of drugs, or if the intoxication was a substantial factor in causing the injury.
• Iowa Law - Unemployment Compensation - IOWA Unemployment Compensation State law provides that a former employee may be disqualified for unemployment benefits if he or she was discharged for misconduct in connection with his or her work.
• Iowa Law - Drug Free Workplace Act - Authorizes most types of drug and alcohol testing. Employers who develop, implement and maintain programs in accordance with the provisions of the Private Sector Drug-Free Workplaces act are provided with immunity against any causes of action arising against the employer for actions taken pursuant to the program.
• Iowa Law - Transportation Drug Testing - Testing of captains, pilots, or physical operators of excursion gambling boats

KANSAS

• Kansas Law Drug Testing Requirments - Screening for Safety-Sensitive Positions The legislation was signed into law on April 15, 1988, and the program was implemented November 1, 1988. The definition of safety-sensitive positions was expanded July 1, 2002. These laws charge the Division of Personnel Services with the responsibility to establish and implement the drug screening program for designated positions. All announcements to recruit applicants for designated positions shall contain a statement that drug screening is required at the time an offer of employment is made. The goal of the Drug Screening Program is to establish state government as a leader in promoting a drug-free workforce. Success of this program will promote the health and safety of present and future generations of Kansas.
• Kansas Law - Workers' Compensation - Benefits denied when an injury, disability or death was contributed to by the employee's use or consumption of alcohol or any drugs, including but not limited to, any drugs or medications which are available to the public without a prescription from a health care provider, prescription drugs or medications, any form or type of narcotic drugs, marijuana, stimulants, depressants or hallucinogens. It is conclusively presumed that the employee was impaired due to alcohol if it is shown that at the time of the injury that the employee had an alcohol concentration of .04 or more. An employee's refusal to submit to a chemical test is not admissible evidence to prove impairment unless there was probable cause to believe that the employee used, possessed or was impaired by a drug or alcohol while working.
• Kansas Law - Unemployment Compensation - Benefits denied to those who are discharged for misconduct related to drug or alcohol impairment. The results of a chemical test are admissible evidence to prove misconduct if a variety of conditions are met, including, but not limited to, the test was requried by state or federal law, or there was probable cause to believe the individual was impaired while working.
• Kansas Law - Transportation Drug Testing - CDL Testing The State of Kansas Alcohol and Controlled Substance Testing Program was developed to prevent accidents and injuries that result from the use of alcohol and controlled substances. The Department of Administration, Division of Personnel Services, has the responsibility to establish and implement the alcohol and controlled substance testing program for commercial drivers. All announcements for commercial driver positions shall contain a statement that alcohol and controlled substance testing is required as a condition of employment. Current employees in commercial driver positions may be tested under any of the following types of tests: pre-duty, reasonable suspicion, random, post-accident, return-to-duty, and follow up.

KENTUCKY

• Kentucky Law - Mine Safety - No person shall enter or be on any mine property while intoxicated or under the influence of alcohol or a controlled substance. No alcoholic beverage or controlled substance shall be permitted in or about any mine; provided, however, this shall not apply to private vehicles driven to and from the mine. All applicants for certification as new miners and all initial applicants for all other certifications shall provide proof that they are drug and alcohol free prior to certification. Such proof shall be evidenced by
  (1) the individual's having participated in a drug and alcohol testing program offered by the State Office of Mine Safety and Licensing and paid for by the applicant or
  (2) the submission of drug and alcohol test results from other sources.
  If a newly certified miner gains employment in the coal industry, the initial employer shall reimburse the certified miner for the cost of one drug and alcohol test. If, however, the applicant is currently certified by the State Office of Mine Safety and Licensing in any category other than that for which he or she is applying, and the applicant is currently employed in the coal industry, the applicant's employer shall reimburse the applicant for the cost of one drug and alcohol test.
  
  Any employer who is also a licensee that has implemented a drug-free workplace program certified by the Office of Mine Safety and Licensing shall be eligible to obtain a credit on the licensee's premium for workers' compensation insurance. Kentucky
• Kentucky Law - Drug Testing - An applicant to an agency that is part of the State Law Enforcement Council and that is hiring a Unified Criminal Justice Information System telecommunicator whose primary responsibility is to dispatch law enforcement units by means of radio communications must be a U.S. citizen who has reached the age of majority, must be a high school graduate (or the recipient of a general equivalency diploma), must not have been convicted of a felony or any other crime involving moral turpitude, and must have taken a psychological suitability screening administered or approved by the State Law Enforcement Council. The applicant also must have taken a polygraph examination and have passed a drug-screening test administered or approved by the council. A person shall be deemed to have passed a drug-screening test if the results are negative for the use of an illegal controlled substance or the abuse of a prescription drug. Any agency that administers its own screening shall certify passing results to the council. The applicant's home address, telephone number, date of birth, and Social Security number, as well as the results of any background investigation, psychological suitability screening, or polygraph examination, shall not be subject to disclosure.
• Kentucky Law - Transportation Testing - School Bus Driver Testing
• Kentucky Law - Unemployment Compensation - Benefits benied to any employee who is discharged for misconduct connected with his or her work. Discharge for misconduct includes reporting to work under the influence of alcohol or drugs or consuming alcohol or drugs on the employer's premises during working hours.
• Kentucky Law - Workers' Compensation - Workers' Compensation State law denies workers' compensation benefits when the employee's injury, occupational disease, or death was proximately caused primarily by the employee's intoxication.

LOUISIANA

• Louisiana Law - Drug Testing - State law places no restrictions on the types of testing that may be conducted, but does provide specific requirements with regard to drug testing procedures (requires DHHS-certified laboratory, use of an MRO, etc.). The statute also provides protection against certain causes of action if the employer establishes and maintains a drug and alcohol testing program in compliance with the Louisiana regulation.
  Employer Tax Credit State law includes a provision whereby employers may be eligible for a tax credit against their state income tax in the amount of five percent of the "qualified treatment expenses" incurred by the employer for substance abuse treatment services.
• Louisiana Law - Unemployment Compensation - Benefits may be denied to an employee who is discharged for misconduct. On- or off-the-job drug use, as evidenced by a positive drug test conducted in accordance with the provisions of the law, constitute misconduct. Refusal to test also constitutes misconduct. Specific collection procedures must be followed LA law.
• Louisiana Law - Workers' Compensation - Benefits may be denied to an employee whose injury is caused by his or her intoxication. A positive drug test conducted in accordance with the law or a positive alcohol test at .10 percent or higher leads to the presumption that the incident was caused by the employee's intoxication. Employers may conduct drug testing immediately following a job-related accident. Refusal to submit to a test results in the presumption that the employee was intoxicated at the time of the accident.
• Louisiana Law - Transportation Testing - School Bus Driver Testing.

MAINE

• Maine Law - Transportation Testing - CDL Licensed Drivers Drug Testing
• Maine Law - Drug Testing - There is a comprehensive statute which governs workplace drug testing in Maine. There are restrictions on all types of testing and specific requirements that must be met with regard to drug testing procedures. All substance abuse programs must be approved by the Maine Department of Labor. Prior to conducting any type of drug testing, the employer must provide an employee assistance program or participate in an EAP consortium.
  The State Employment Practices Law regarding testing for substance abuse among temporary workers was amended. The use of consent forms is prohibited. An employer may not require, request, or suggest that any employee or applicant for employment sign or agree to any form or agreement that attempts to
  (1) absolve the employer from any liability that may arise out of the imposition of the substance abuse test or
  (2) waive an employee's or applicant's rights, or eliminate or diminish an employer's obligation, under the State Revised Statutes Annotated, except as provided by State statute.
  An employment agency, as defined by State statute, may request a written waiver for a temporary placement from an individual already in its employ or on a roster of eligibility, as long as the client company has an approved substance abuse testing policy and the individual has not been assigned work at the client company in the 30 days previous to the request. The test must otherwise comply with both State standards and the employment agency's approved policy regarding applicant testing. The agency may not take adverse action against the individual for refusal to sign a waiver.
• Maine Law - Workers' Compensation - Benefits may be denied to an employee whose injury or death was the result of his or her intoxication while on duty, unless the employer knew at the time of the injury that the employee was intoxicated or was in the habit of becoming intoxicated while on duty.

MARYLAND

• Maryland Law - Drug Testing - State law does not place any restrictions on the types of testing that may be conducted, but does require that specific technical procedures be followed with regard to drug testing. All testing must be conducted at laboratories certified by the Maryland Department of Health and Mental Hygiene.
• Maryland Law - Workers' Compensation - Benefits may be denied to an employee whose personal injury is caused primarily by the use of a controlled substance not prescribed by a physician.

MASSACHUSETS

• Massachusetts Law - Drug Testing - Massachusetts has no specific employment drug and alcohol testing laws.
• Massachusetts Law - Unemployment Benefits - Benefits may be denied if an individual was fired for deliberate misconduct in wilful disregard of the employing unit’s interest, or to a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee’s incompetence.
• Massachusetts Law - Transportation Testing - Massachusetts State Law states a person may not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in his system. A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system or who refuses to take an alcohol concentration test to determine his blood alcohol content shall be placed out-of-service for twenty-four hours. Any person who operates a commercial motor vehicle upon the highways of the commonwealth shall be deemed to have given consent to a test or tests of that person's blood, breath or urine for the purpose of determining that person's alcohol concentration, or the presence of others drugs. A person requested to submit to a test as provided shall be advised that a refusal to submit to the test will result in that person being disqualified from operating a commercial motor vehicle.
• Massachusetts Law - Workers' Compensation - If the employee is injured by reason of his serious and wilful misconduct, he shall not receive compensation; but this provision shall not bar compensation to his dependents if the injury results in death.

MICHIGAN

• Michigan Law - Drug Testing - Law allows establishment of employment policies, programs, procedures, or work rules regarding the use of alcoholic liquor or the illegal use of drugs.
• Michigan Law - Unemployment Compensation - Benefits may be denied if employee was discharged for intoxication while at work, refusing to submit to a drug test, or testing positive on a drug test.

MINNESOTA

• Minnesota Law - Drug Testing - The state drug testing law includes significant restrictions on the types of testing that may be conducted, and places specific requirements on drug testing procedures and components of the program. An employer may not discharge an employee solely on the basis of a first-time positive drug test. The opportunity for rehabilitation must be offered. An employer may only inquire about an employee's use of over-the-counter or prescription medications after an employee tests positive on a drug test.
  Employers may request or require employees to undergo random drug and alcohol testing only if
  (1) they are employed in safety-sensitive positions or
  (2) they are employed as professional athletes. In the latter case, if the professional athlete is subject to a collective bargaining agreement permitting random testing, testing may be conducted only to the extent consistent with the agreement.
• Minnesota Law - Workers' Compensation - Benefits may be denied to an employee who has been separated from employment due to a chemical dependency which has been professionally diagnosed; or who is participating in a treatment program; and who is unable to successfully complete treatment as advised. Such action indicates that an employee has not made a reasonable effort to retain employment
• Minnesota Law - Unemployment Compensation - Benefits may be denied if the employee's intoxication is the proximate cause of the injury. The burden of proof is upon the employer.

MISSISSIPPI

• Mississippi Law - Drug Testing - Compliance with the state’ drug testing law is voluntary. Employers choosing to comply with its provisions are protected from civil liability with regard to their drug and alcohol program and testing. The law permits all types of testing (with some restrictions) and includes specific requirements with regard to testing procedures. Employers choosing to implement a testing program not in accordance with the act are governed by applicable principles of contract or common law.
• Mississippi Law - Unemployment Compensation - Discharge for drug use constitutes willful misconduct and disqualifies an employee from receiving unemployment compensation.
• Mississippi Law - Workers' Compensation - Benefits may be denied if the employee's intoxication is the proximate cause of his or her injury.
  State law provides for a five percent reduction in workers' compensation premiums to employers who establish a drug-free workplace program. In order to qualify for the reduction, employers must have a written policy statement, conduct drug and alcohol testing, maintain a resource list of EAP providers, provide employee education and supervisor training, and maintain confidentiality standards.

MISSOURI

• Missouri Law - Drug Testing - Only state employees under the EXECUTIVE BRANCH of the Missouri state government are subject to the Act. No provisions mandate compliance from private employers.
• Missouri Law - Workers' Compensation - Benefits may be reduced 50% if the employee fails to obey employer’s drug-free workplace policy or uses alcohol or nonprescribed controlled drugs in the workplace. If the proximate cause of the injury, then benefits shall be forfeited. The voluntary use of alcohol creates a rebuttable presumption as the proximate cause of the injury. Refusal to test shall result in the forfeiture of benefits if the employer had sufficient cause to suspect use of alcohol or a nonprescribed controlled substance or if the employer's policy clearly authorizes post-injury testing.

MONTANA

• Montana Law - Drug Testing - "Montana Workforce Drug and Alcohol Testing Act" requires that any testing of employees by private employers be done in accordance with written policies and procedures established by the employer.
• Montana Law - Workers' Compensation - Benefits may be denied if the employee's use of alcohol or drugs not prescribed by a physician is the major contributing cause of the accident. However, if the employer had knowledge of and failed to attempt to stop the employee's use of alcohol or drugs, this does not apply.

NEBRASKA

• Nebraska Law - Unemployment Compensation - Benefits may be denied to employees who are discharged for misconduct, which includes being under the influence of alcohol or a controlled substance not prescribed by a physician while at the worksite or while engaged in work.
• Nebraska Law - Drug Testing - State law permits drug and alcohol testing provided certain technical procedures are followed. A positive test result, refusing to be tested, or tampering with a test specimen are all grounds for disciplinary action including termination. The law applies to employers with six or more employees.
• Nebraska Law - Workers' Compensation - Benefits may be denied if the employee's injuries were due to intoxication.

NEVADA

• Nevada Law - Unemployment Compensation - ADA Unemployment Compensation State law provides that a person is ineligible for unemployment compensation benefits if the employee was discharged for misconduct.
• Nevada Law - Workers' Compensation - Benefits may be denied if injury was proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

NEW HAMPSHIRE

• New Hampshire Law - Unemployment Compensation - State law provides that an employee who has been discharged for intoxication or for use of a controlled drug, to the degree that it seriously hampered or interfered with his or her work, is not eligible for benefits.
• New Hampshire Law - Workers' Compensation - State law provides that an employer is not liable for any injury to a worker which is caused in whole or in part by the intoxication (from drugs or alcohol) of the employee. The intoxication defense does not apply if the employer knew that the employee was intoxicated.

NEW JERSEY

• New Jersey Law - Drug Testing - Medical examinations requested by employers; imposition of cost on employees prohibited. No employer or prospective employer shall deduct from the wages of any employee or from the wages to be paid to a prospective employee any sum, or in any manner require payment of any sum from such employee or prospective employee, to defray the cost of any medical examination of such employee or prospective employee when such examination is made at the request or direction of the employer, by a physician designated by said employer, as a condition of entering or continuing employment, and in the event that the employee or prospective employee pays for any such medical examination, the employer or prospective employer shall reimburse the employee or prospective employee for the amount of any such payment.

  School personnel physical examinations; drug testing; requirements: Every board of education may require its employees and shall require any candidate for employment who has received a conditional offer of employment to undergo a physical examination. The board may require individual psychiatric or physical examinations of any employee, whenever, in the judgment of the board, an employee shows evidence of deviation from normal, physical or mental health. Any such examination may, if the board so requires, include laboratory tests or fluoroscopic or X-ray procedures for the obtaining of additional diagnostic data. Nothing in this section shall be so construed as to affect screening for tuberculosis or fitness examinations for bus drivers as required pursuant to statute, rule or regulation. b. A board of education may include testing for usage of controlled dangerous substances as they are defined in N.J.S.2C:35-2 as part of any physical examination which is required of a candidate for employment who has received a conditional offer of employment. Any testing shall be conducted by a physician or institution designated by the board of education and the costs shall be paid by the board. The Department of Education, in consultation with the Department of Health, shall develop guidelines for school boards which elect to require the testing.

  Definition of "defraud the administration of a drug test;" crime, grading N.J. Rev. Stat. § 2C:36-10 1.
  a. As used in this act, "defraud the administration of a drug test" means to submit a substance that purports to be from a person other than its actual source, or purports to have been excreted or collected at a time other than when it was actually excreted or collected, or to otherwise engage in conduct intended to produce a false or misleading outcome of a test for the presence of a chemical, drug or controlled dangerous substance, or a metabolite of a drug or controlled dangerous substance, in the human body. It shall specifically include, but shall not be limited to, the furnishing of urine with the purpose that the urine be submitted for urinalysis as a true specimen of a person.
  b. Any person who offers for sale or rental, or who manufactures, sells, transfers, or gives to any person, any instrument, tool, device or substance adapted, designed or commonly used to defraud the administration of a drug test, is guilty of a crime of the third degree. c. Any person who knowingly defrauds the administration of a drug test that is administered as a condition of employment or continued employment as a law enforcement officer, corrections officer, school bus driver, operator of a motorbus, employee of a rail passenger service, firefighter, provider of emergency first-aid or medical services, or any other occupation that requires the administration of a drug test as a condition of employment or continued employment by law, rule or regulation of the State or a local agency, public authority, or the federal government, is guilty of a crime of the third degree.
  d. Any person who knowingly defrauds the administration of a drug test that is administered as a condition of monitoring a person on bail, in custody or on parole, probation or pretrial intervention, or any other form of supervision administered in connection with a criminal offense or juvenile delinquency matter, is guilty of a crime of the third degree.
  e. Any person who knowingly possesses any instrument, product, tool, device or substance adapted, designed or commonly used to defraud the administration of a drug test is guilty of a crime of the fourth degree.
  f. Any person who knowingly defrauds the administration of a drug test which is administered as a condition of any employment or continued employment not specified in subsection c. of this section is guilty of a crime of the fourth degree.

• New Jersey Law - Unemployment Compensation - An individual shall be disqualified for benefits N.J. Rev. Stat. § 43:21-5 (2007)
  (a)For the week in which the individual has left work voluntarily without good cause attributable to such work, and for each week thereafter until the individual becomes reemployed and works four weeks in employment, which may include employment for the federal government, and has earned in employment at least six times the individual's weekly benefit rate, as determined in each case. This subsection shall apply to any individual seeking unemployment benefits on the basis of employment in the production and harvesting of agricultural crops, including any individual who was employed in the production and harvesting of agricultural crops on a contract basis and who has refused an offer of continuing work with that employer following the completion of the minimum period of work required to fulfill the contract.
  (b)For the week in which the individual has been suspended or discharged for misconduct connected with the work, and for the five weeks which immediately follow that week, as determined in each case. In the event the discharge should be rescinded by the employer voluntarily or as a result of mediation or arbitration, this subsection (b) shall not apply, provided, however, an individual who is restored to employment with back pay shall return any benefits received under this chapter for any week of unemployment for which the individual is subsequently compensated by the employer. If the discharge was for gross misconduct connected with the work because of the commission of an act punishable as a crime of the first, second, third or fourth degree under the "New Jersey Code of Criminal Justice," N.J.S.2C:1-1 et seq., the individual shall be disqualified in accordance with the disqualification prescribed in subsection (a) of this section and no benefit rights shall accrue to any individual based upon wages from that employer for services rendered prior to the day upon which the individual was discharged. The director shall insure that any appeal of a determination holding the individual disqualified for gross misconduct in connection with the work shall be expeditiously processed by the appeal tribunal.
  (c)If it is found that the individual has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the director or to accept suitable work when it is offered, or to return to the individual's customary self-employment (if any) when so directed by the director.
  The disqualification shall continue for the week in which the failure occurred and for the three weeks which immediately follow that week, as determined:
  (1)In determining whether or not any work is suitable for an individual, consideration shall be given to the degree of risk involved to health, safety, and morals, the individual's physi