Drug Screening
Multi-state employers that implement a drug screening program must be aware of state laws regulating the types of testing that are required, when employers can test, and what they can test for.
Below are certain state compliance laws that employers must adhere to:

  • 7 states specifically permit hair testing (FL, LA, MD, NV, NC, OK, and UT)
  • 18 states & 2 cities require a split/retest opportunity (AL, ID, IA, ME, MD, MN, MS, MT, NC, OH, OK, PR, RI, TN, VT, WI, Boulder, CO & WA, DC)
  • 7 state limit discipline (IA, ME, MN, OH, PR, RI, VT)
  • 11 states & 2 cities limit or prohibit random testing (AK, CA, CT, ME, MA, MN, MT, NJ, RI, VT, WV, and Boulder, CO / San Francisco, CA)
  • 6 states (1 city) prohibit observed collection (CT, ME, PR, RI, VT, Boulder, CO)
  • 14 states and 1 city limit/prohibit hair testing (AK, AR, CA, CT, IA, KS, MN, NE, OH, PR, TN, TX, VT, WY & WA, DC)

Employers should consult with their background screening company and review their policy to ensure compliance in specific states.

Employers Choice Screening Legislative Alerts are provided as a free service to clients, friends and subscribers of Employers Choice Screening. The intent is to provide information of value to attorneys, human resource, security, and risk management professionals. The information contained in this e-mail alert is intended to provide useful information on the topics covered, but should not be construed as legal advice or a legal opinion. Your comments are appreciated.

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