The Americans With Disabilities Act (ADA) is perhaps the most important federal civil rights legislation affecting employers in developing and implementing drug-free work policies. It prohibits all U.S. employers with more than 15 employees from discriminating against applicants and qualified employees on the basis of physical disability. An applicant or employee taking prescription medications for a disability covered under the Americans with Disabilities Act may test positive for drugs, depending on the type of medication prescribed. The other category includes laws designed to protect the basic civil rights of American workers. These statutes provide special legal protection for certain types of employees. They set clear limits on the extent to which an employer can go ahead to investigate and determine the consequences for employees` drug use. The main federal laws and regulations of this type are: Most states have some sort of laws for pre-employment drug testing and workplace drug testing policies. It can be difficult for employers to stay up to date with the state`s latest laws regarding drug and alcohol testing. At National Drug Screening, we have created an easy-to-use summary guide to workplace drug testing. Click on a statement below for a summary of workplace drug and alcohol testing regulations for that state. In Georgia, public sector employees who fail a drug test can be banned from public employment for up to two years.
In any other southeastern state, employers are generally advised to follow federal testing and discipline guidelines, as there are no additional state regulations. Private employers can conduct drug testing after providing a copy of their policy and making a conditional offer of employment. Public employers cannot take tests for public safety positions or if required by law. Employers who have drug testing programs must be extremely careful not to screen employees for testing simply because they look or act as if they are under the influence of drugs or alcohol. Many of the physical symptoms commonly associated with intoxication – slurred speech, disorientation or lack of coordination – can also be the result of a severe physical disability or a medical condition such as diabetes, hypoglycemia, or mental illness. People with these conditions are protected by the provisions of the ADA. Their selection for testing or discipline could lead to allegations of discrimination. Of course, state laws vary when it comes to taking a workplace drug or alcohol test or pre-employment testing (which is why we`ve created our simple reference chart). Allows the state to test candidates for transportation jobs, safety jobs, fiduciary responsibility jobs, and hazardous environmental work. Finally, employers should refrain from asking employees about their legal use of prescription drugs as part of drug testing prior to hiring or promotion.
While jurisprudence in this area continues to evolve, some state courts have ruled that requesting such information constitutes a form of discrimination and violates the ADA. Washington D.C. is the only region in the Southeast that has programs to legalize medical and recreational marijuana. The county`s medical marijuana law does not include any other regulations law for employer drug testing. Instead, employers are encouraged to follow federal screening guidelines. Employers implementing drug-free work policies in unionized workplaces should be aware of the requirements of the National Labour Relations Act (NRLA). This law, passed in 1935, provides a legal framework for all management and labor negotiations. Employers must make decisions about marijuana and publish those decisions in their drug-free workplace policies. Our website provides a comprehensive section on marijuana in the workplace. We encourage employers to visit our marijuana pages to help make medical and recreational marijuana decisions. Our consultants are also available to employers in this area. Check the marijuana laws for each state.
In general, your drug testing policies and procedures should comply with the following guidelines: If you request a new test in time, the medical investigator will send a written notice to the laboratory to forward the portion of the initial sample or split sample. The time and date of your request for reconsideration will be communicated by the MRO to the company, and the MRO will also indicate whether the retest confirmed the positive result. All other states in the Southeast, including Alabama, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia, allow most public and private employers to require drug testing during the hiring and employment phases.
