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.
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