Setting up employee drug screening fairly and legally requires awareness of compliance-related rules. Employer drug testing involves finding certified drug screening providers (required in some states), creating a drug testing policy, and budgeting for drug screening costs. Learn the drug screening rules in your state with our state-by-state guide, and download and customize our drug testing policy and consent form templates.
Drug Screening Laws: State-by-State
While there are no federal compliance laws covering employee drug testing, individual states and other regulatory agencies have enacted rules that govern the consent, collection, and use of samples (i.e., states requiring the employer to provide advanced notice or prohibit random drug testing). Click your state below for an understanding of your drug screening laws.
Drug Screening Laws: State-by-State
Alabama
Alabama
- Applies To: All employers
- Applicant Testing: Testing is authorized after the applicant is given notice of the drug-testing policy and a conditional offer of employment.
- Current Employee Testing: Testing is authorized, including random testing and testing on reasonable suspicion. Employees must receive 60 days’ advance notice of testing policy, which must be conspicuously posted.
- Outcomes: The applicant/employee has the opportunity to contest or explain any positive test within five days of receiving results.
- Marijuana Provisions: Employers are allowed to establish and enforce a drug-testing policy that prohibits the use of marijuana or cannabis, including medical usage.
Alaska
Alaska
- Applies To: All employers
- Applicant Testing: Applicant testing is not restricted. Positive results or refusal may be grounds for not hiring.
- Current Employee Testing: Testing is authorized, including random testing. 30 days’ notice and a written policy statement must be given to employees.
- Marijuana Provisions: Alaska’s Medical Marijuana statute (AS 17.37.040) does not currently accommodate for medical or recreational use of marijuana in any place of employment.
Arizona
Arizona
- Applies To: All private employers
- Applicant Testing: Testing is authorized if the applicant is informed in writing beforehand. Applicant’s refusal to submit to a test may be used as a basis for not hiring.
- Current Employee Testing: Testing is authorized, including random testing. A written drug-testing policy must be distributed to all employees. Employers are permitted to discipline or discharge for a positive test or refusal to submit to a test.
- Outcomes: Test results must remain confidential.
- Marijuana Provisions: There are no special provisions for applicants or employees who are recreational marijuana users. The Prop 207 Act does not “require an employer to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale, or cultivation of marijuana in a place of employment.”
Arkansas
Arkansas
- Arkansas does not have a statute governing workplace drug testing.
California
California
- Applies To: All employers
- Applicant Testing: Testing is authorized of applicants to state agency positions of “sensitivity” if testing is job-related.
- Current Employee Testing: Testing is authorized for employees in positions of “sensitivity.” Employees who test positive may be referred for treatment or may be suspended or removed from their job. Private sector and public employers of 25 or more must “reasonably accommodate” employees who want to enter drug treatment programs.
- Outcomes: Advance notification is required for any employee or applicant. Positive findings must be confirmed.
- Marijuana Provisions: Beginning January 1, 2024, employers will be prohibited from taking adverse action against a person based on their recreational cannabis use outside of work.
Colorado
Colorado
- Colorado does not have a statute governing workplace drug testing.
Connecticut
Connecticut
- Applies To: All private employers
- Applicant Testing: Testing is authorized if the applicant is informed in advance in writing. Former employees may not be tested unless they have been away from the job for at least 12 months.
- Current Employee Testing: Testing is authorized on reasonable suspicion of substance abuse. Random testing is authorized for employees in safety-sensitive jobs. Testing is required for intrastate truck drivers after a reportable accident, upon reasonable cause, or at random under federal law. Employers are permitted to discipline or discharge for a positive test or refusal to submit to a test.
- Outcomes: Positive findings must be confirmed. Employees are entitled to privacy in the collection of a specimen. Test results must remain confidential.
- Marijuana Provisions: Non-exempt employers may not prohibit the off-work use of cannabis or take adverse action against a non-exempt employee or a potential employee for a positive THC test unless the employer has adopted a policy that states otherwise.
Delaware
Delaware
- Applies To: Delaware does not have a statute governing workplace drug testing, except for public and private schools and entities that furnish transportation services to schools; and the Department of Corrections.
- Applicant Testing: Testing is required to certify school bus drivers. Testing is also required for security-sensitive positions with the Department of Corrections.
- Current Employee Testing: Employee testing is not subject to restriction.
- Outcomes: Further analysis is allowed in case of positive findings.
- Marijuana Provisions: Under the Delaware Medical Marijuana Act, employers may not discriminate against state-licensed medical marijuana patients regarding hiring, terminating, or other conditions of employment.
District of Columbia
District of Columbia
- D.C. does not have a statute governing general workplace drug testing.
- Marijuana Provisions: An employer may only test a prospective employee for marijuana use after a conditional offer of employment has been extended, unless otherwise required by law.
Florida
Florida
- Applies To: Private employers with three or more employees. Public employers with safety-sensitive and law enforcement positions
- Applicant Testing: Testing is authorized with advance notice to the applicant. An applicant’s refusal to submit to testing may be used as a basis for not hiring.
- Current Employee Testing: Testing is authorized on reasonable suspicion of substance abuse. Written notice of a testing program must be given 60 days in advance. Employers are permitted to discipline or discharge for a positive test or refusal to submit to a test.
- Outcomes: Positive findings must be confirmed. Employees are entitled to privacy in the collection of a specimen. Test results must remain confidential.
- Marijuana Provisions: Although the law has changed in Florida to allow the use of medical marijuana for debilitating conditions, it remains unlawful to use or test positive for marijuana in a drug-free workplace.
Georgia
Georgia
- Applies To: State government employers, public schools, and entities that furnish transportation services to school systems; private employers
- Applicant Testing: Testing is authorized for applicants. An applicant who refuses to be tested or who tests positive may be barred from state and public school employment for two years.
- Current Employee Testing: Testing is authorized, including random testing, or for reasonable suspicion. A substance abuse policy must be distributed to employees and posted. Random testing of “high-risk” state government and public school employees, including school bus drivers, is authorized under separate provisions.
- Outcomes: Employees are entitled to privacy in the collection of a specimen. Test results must remain confidential.
- Marijuana Provisions: Due to reasonable accommodation laws under the Americans with Disabilities Act (ADA), employers may not be able to fire an employee for testing positive for marijuana if they have a valid prescription card. However, do note that medical marijuana use is not covered under the ADA or FMLA.
Hawaii
Hawaii
- Applies To: All employers
- Applicant Testing: Testing is authorized if the applicant receives advance notice in writing of substances to be tested for and has the opportunity to disclose current prescription and nonprescription medications.
- Current Employee Testing: Testing is authorized if an employee receives advance notice in writing of substances to be tested for and has the opportunity to disclose current prescription and nonprescription medications.
- Outcomes: Positive findings must be confirmed. Employees are entitled to privacy in the collection of a specimen.
- Marijuana Provisions: Hawaii protects the rights of employers to maintain zero-tolerance, drug-free workplace policies. Rev. Stat. 329-121 €(1)(B) specifically states that “medical marijuana is not authorized in the workplace of one’s employment.”
Idaho
Idaho
- Applies To: All employers
- Applicant Testing: Testing is authorized as a condition of employment.
- Current Employee Testing: Testing is authorized, including random testing, after notice to employees. The policy must list the types of tests and state that violation is grounds for misconduct discharge. Unemployment benefits may be denied for discharge because of a positive result, refusal to be tested, or altering results.
- Outcomes: Positive findings must be confirmed.
Illinois
Illinois
- Illinois does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Companies can still conduct “reasonable drug and alcohol testing” of both current and prospective employees. Additionally, the law does not require or prohibit marijuana drug testing.
Indiana
Indiana
- Indiana does not have a statute governing workplace drug testing.
Iowa
Iowa
- Applies To: Public and private employers
- Applicant Testing: Testing is authorized as part of a pre-employment physical examination if the applicant is informed orally at the time of application that a drug test is required, and if ads and application forms carry notice of a drug test.
- Current Employee Testing: Testing is authorized when there is probable cause to suspect substance abuse and the employee holds a job in which impairment would pose a danger, or during an annual employee physical. Employees must be given 30 days’ notice. Random testing is permitted so long as a specific procedure in the law is followed using a computer-based random number generator that matches an employee’s social security number or payroll identification number. Substance abuse evaluation and opportunity for treatment are required for the first positive test result. Employers are permitted to discipline or discharge for a positive test or refusal to submit to a test.
- Outcomes: Opportunity for the test subject to explain or rebut positive findings and to request confirmation through retesting. Confidentiality of test results and records of positive test must be removed from the personnel file when an employee terminates if a treatment program was successfully completed.
- Marijuana Provisions: Employers are permitted to test applicants and employees for marijuana (even if they hold a medical card). If the test is positive, the employer may refuse to hire or may terminate.
Kansas
Kansas
- Applies To: State government
- Applicant Testing: Testing is authorized of applicants for safety-sensitive jobs in state government after a job offer has been made. Advertisements for safety-sensitive jobs must include a notice of drug testing requirements.
- Current Employee Testing: Testing is authorized of state employees holding safety-sensitive jobs and individuals taking office as governor, lieutenant governor, or attorney general, but only if there is reasonable suspicion of substance abuse, as evidenced by a workplace accident or medical emergency that could be attributed to drug use, by direct observation of impaired performance, by information that the employee is using drugs, or by physical signs of on-the-job drug use. An employee who tests positive for the first time must have the opportunity to undergo a drug evaluation and recommended treatment.
- Outcomes: Confidentiality of test results.
Kentucky
Kentucky
- Applies To: All employees
- Applicant Testing: Applicants who have received a conditional offer of employment will be required to submit to drug and alcohol testing. A positive test or a refusal to undergo testing may result in a refusal to hire.
- Current Employee Testing: Any time the Company has reasonable suspicion or believes an individual is under the influence of drugs or alcohol, the Company may require a drug or alcohol test. Circumstances causing the Company to require testing of an individual may include but are not limited to drugs or alcohol on or about the individual’s vicinity.
- Outcomes: Any individual who receives a positive drug test result or has otherwise violated the policy will be given an opportunity to offer an explanation, in confidence, to a representative of the Company.
- Marijuana Provisions: Employers may test employees for medical marijuana and make disciplinary decisions based on a positive result.
Louisiana
Louisiana
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is not restricted.
- Current Employee Testing: Employee testing is authorized, but the employer may not discharge an employee on the basis of first-time positive test findings. Employees who are discharged for drug use, on or off the job, may be disqualified from receiving unemployment compensation. Employees of state contractors are subject to random testing.
- Outcomes: Employers must ensure privacy for employees in the collection of a specimen, but a witness may be present in case of post-accident testing and testing performed on suspicion of substance abuse, or when there is reason to doubt the integrity of the specimen. Employers must confirm additional testing using a different testing method after a positive result.
- Marijuana Provisions: In accordance with R.S. 40:1046: No state employer shall subject an employee or prospective employee to negative employment consequences based solely on a positive drug test for marijuana, marijuana components, including tetrahydrocannabinols or marijuana metabolites if the employee or prospective employee has been clinically diagnosed as suffering from a debilitating medical condition and a licensed physician has recommended marijuana for therapeutic use by the employee.
Maine
Maine
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is authorized if the applicant has been offered employment. Employers may refuse to hire an applicant who refuses to test or who tests positive.
- Current Employee Testing: Employee testing is authorized if there is probable cause for suspicion of substance abuse that is not based solely on the occurrence of an accident. Random testing is authorized for employees returning to work after a positive test and for employees in safety-sensitive jobs. An employee who tests positive may be referred for counseling or treatment. Employers may use discipline or discharge for refusal to submit to a test, for a subsequent positive result, or for failure to complete treatment.
- Outcomes: Employers must have a written policy in place. Employees are allowed a 3-day period to explain or contest findings. Employees have the option to provide blood rather than a urine sample. Before implementation of testing, employers of 25 or more must make suitable arrangements with a certified employee assistance program.
- Marijuana Provisions: Employers may require that employees not use marijuana or other substances of use while at work and not come to work impaired. Employers can take appropriate disciplinary action when company policies or state/federal substance use laws are violated.
Maryland
Maryland
- Applies To: All employers
- Applicant Testing: Applicant testing is not subject to restriction.
- Current Employee Testing: Employee testing is authorized if supported by legitimate business reasons.
- Outcomes: Testing should be completed only by a certified laboratory. Confirming a test after a positive result is at the employee’s expense.
- Marijuana Provisions: Nothing in Maryland law prevents an employer from testing for use of cannabis (for any reason) or taking action against an employee who tests positive for use of cannabis.
Massachusetts
Massachusetts
- Massachusetts does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Although recreational marijuana use is legal, no law currently protects employees or job applicants who test positive for the substance, even if they use it outside of work hours.
Michigan
Michigan
- Michigan does not have a statute governing workplace drug testing
- Marijuana Provisions: An employer is prohibited from disciplining an employee solely on the basis of a positive marijuana test related to off-site consumption.
Minnesota
Minnesota
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is authorized with an employer’s written policy and advance notification to the applicant, but only after an offer of employment has been made and only if all candidates for the job are tested.
- Current Employee Testing: Employee testing is authorized after an accident, as part of an employee assistance program, when there is reasonable suspicion of substance abuse, or as part of an annual physical exam, provided the employee has two weeks’ advance notice. Random testing is authorized for employees in safety-sensitive jobs. Employers may suspend or transfer employees who test positive pending the outcome of confirming the test. Discharge is authorized only if the employee refuses or fails to complete treatment.
- Outcomes: Testing should be conducted only by a certified laboratory. Employers must show confidentiality of test results.
- Marijuana Provisions: The THC statute does not discuss protections for employees or applicants who test positive for marijuana.
Mississippi
Mississippi
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is not subject to restriction.
- Current Employee Testing: Employee testing is authorized based on reasonable suspicion of substance abuse, in connection with rehabilitation or treatment, as part of a routine physical exam, or if a collective bargaining agreement authorizes random testing. Discharge of an employee is authorized if the employee tests positive or refuses the test.
- Outcomes: Employers must provide an advance written notice of testing, documentation showing chain of custody, and an opportunity for the employee to explain positive findings. Employers must maintain confidentiality of test results.
- Marijuana Provisions: Employers may discipline employees who use medical cannabis in the workplace or who work while under the influence of medical cannabis.
Missouri
Missouri
- Missouri does not have a statute governing general workplace drug testing.
- Marijuana Provisions: No employer shall discriminate against an employee for holding a medical marijuana license or for using medical marijuana, regardless of whether an employee tests positive for the use of marijuana.
Montana
Montana
- Applies To: All employers
- Applicant Testing: Testing is authorized for applicants for intrastate motor carrier jobs, jobs in hazardous environments, or jobs that primarily involve security, public safety, or fiduciary responsibility.
- Current Employee Testing: Employee testing is authorized, including random testing, upon a reasonable belief of job impairment, after a work-related accident causing injury or damage of $1,500 or more, or as part of a regular physical exam for employees of intrastate motor carriers. Disciplinary action is authorized if the employee presents no reasonable explanation for positive findings.
- Outcomes: Employers must provide advance written notice of testing, confirm test in case of positive findings, and allow the opportunity for the employee to rebut positive findings.
- Marijuana Provisions: A newly signed recreational marijuana law still permits employers to take action based on the use of marijuana while working.
Nebraska
Nebraska
- Applies To: Private employers with six or more employees; public employers
- Applicant Testing: Applicant testing is not subject to restriction.
- Current Employee Testing: Employee testing is authorized without restriction. Discipline or discharge is authorized after a confirmed positive test or refusal to submit to a test.
- Outcomes: Employers must confirm the test in case of positive findings, with the option for a blood test after a positive breath test. Employers must use methods to ensure confidentiality of all test findings.
Nevada
Nevada
- Applies To: State agencies
- Applicant Testing: Applicant testing is authorized for jobs involving public safety.
- Current Employee Testing: Employee testing is authorized for jobs involving public safety. Referral for counseling or treatment is authorized for any employee that tests positive. Discipline or discharge is authorized for subsequent positive findings, for workplace use, or for working under the influence.
- Outcomes: Testing may be conducted only by an independent laboratory, and employers must confirm the test in case of positive findings.
- Marijuana Provisions: Employees who consume cannabis off-the-job for non-medical purposes can be fired by their employers for failing a drug test.
New Hampshire
New Hampshire
- New Hampshire does not have a statute governing workplace drug testing.
New Jersey
New Jersey
- New Jersey does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Employers are banned from discriminating against workers who legally use marijuana medically or recreationally.
New Mexico
New Mexico
- New Mexico does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Employers may implement a written zero-tolerance drug policy that prohibits employees from testing positive for THC.
New York
New York
- New York does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Employers are not permitted to require employees to waive their rights to cannabis use under Section 201-D of the Labor Law as a condition of hire or continued employment.
North Carolina
North Carolina
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is not subject to restriction.
- Current Employee Testing: Employee testing is not subject to restriction
- Outcomes: Testing may be conducted only by an approved laboratory. Employers must confirm the test in case of positive findings.
North Dakota
North Dakota
- North Dakota does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Workers can be fired for a positive drug test even if they are permitted to use medicinal marijuana off duty.
Ohio
Ohio
- Applies To: All employers
- Applicant Testing: Applicant testing is authorized with advance notice to the applicant and after an offer of employment has been made.
- Current Employee Testing: Employee testing is authorized on reasonable suspicion of substance abuse, for new hires, after an accident, and as a follow-up to a treatment program.
- Outcomes: Employer must provide documentation showing chain of custody and must confirm a test in case of positive findings. A written policy statement must be provided to employees.
- Marijuana Provisions: Employers have the right to maintain a drug-free workplace and to test for drugs, including medical marijuana.
Oklahoma
Oklahoma
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is authorized with advance notice to applicants and after an offer of employment has been made. Notice must be in writing, describing methods, procedures, and policies in detail.
- Current Employee Testing: Employee testing is authorized with 30 days’ advance notice to employees of policy describing the potential discipline for a positive test result.
- Outcomes: Procedures must ensure the privacy and confidentiality of results. Employers must confirm a test in case of positive findings.
- Marijuana Provisions: Employers may not discipline, fire or refuse to hire a licensed medical marijuana patient solely because of a positive test for marijuana (except in cases of safety-sensitive job duties or are under the influence of medical marijuana at work).
Oregon
Oregon
- Applies To: All employers
- Applicant Testing: Testing is authorized if there is reasonable suspicion that the applicant is under the influence of alcohol or controlled substance.
- Current Employee Testing: Testing is authorized if there is reasonable suspicion that an employee is under the influence of alcohol or a controlled substance.
- Outcomes: Testing must be done by a third party. All positive test results must be confirmed by a state-licensed laboratory.
- Marijuana Provisions: If an employee in a position subject to drug testing tests positive for marijuana use, depending on the position, regulations, and circumstances, the employee may be subject to discipline up to and including dismissal.
Pennsylvania
Pennsylvania
- Pennsylvania does not have a statute governing general workplace drug testing.
- Marijuana Provisions: PA law prohibits pre-employment drug tests for marijuana as a condition of employment.
Rhode Island
Rhode Island
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is authorized in the private sector after an offer of employment has been made. In the public sector, testing is authorized for jobs involving public safety or when required by federal law.
- Current Employee Testing: Employee testing is authorized on reasonable suspicion of substance abuse and in conjunction with a rehabilitation program. Random testing is prohibited.
- Outcomes: Employers must confirm a test in case of positive findings and offer privacy for an employee in the collection of a specimen, allowing an opportunity for the employee to rebut test findings.
- Marijuana Provisions: The State of Rhode Island passed a law that limits employers from testing for marijuana (THC).
South Carolina
South Carolina
- Applies To: All employers
- Applicant Testing: Applicant testing is not subject to restriction.
- Current Employee Testing: Testing is authorized, including random testing, with follow-up tests within 30 minutes of the initial test.
- Outcomes: Positive test results must be provided in writing to the employee within 24 hours. Written notification of the testing program must be provided when implemented or upon hire.
South Dakota
South Dakota
- Applies To: State government
- Applicant Testing: Testing is authorized for applicants of safety-sensitive state jobs after an offer of employment. Public announcements and advertisements must show a notice of drug-testing requirements.
- Current Employee Testing: Testing is authorized of state employees holding safety-sensitive jobs if there is reasonable suspicion of substance abuse.
- Outcomes: Availability of test findings must be given to applicants and employees upon written request. Employers must provide methods to ensure the confidentiality of test findings.
- Marijuana Provisions: There are no workplace drug testing laws in South Dakota that restrict an employer from conducting marijuana-involved drug screenings for applicant and employee purposes.
Tennessee
Tennessee
- Applies To: State Dept. of Corrections
- Applicant Testing: Applicant testing is not subject to restriction
- Current Employee Testing: Testing of Corrections Department employees is authorized if there is reasonable suspicion of substance abuse. Employees who test positive are subject to appropriate disciplinary action, but counseling and rehabilitation must be offered.
- Outcomes: Circulation to an employee of a written summary of facts forming a basis for suspicion and opportunity for an explanation must be provided, plus confirmation of positive findings.
Texas
Texas
- Applies To: Under Texas and federal laws, there is almost no limitation at all on the right of private employers to adopt drug and alcohol testing policies for their workers.
Testing government employees without showing some kind of compelling justification violates government employees’ rights to be safe from unreasonable searches and seizures.
Utah
Utah
- Applies To: Private employers, local government entities, and state institutions of higher education
- Applicant Testing: There is no restriction on applicant testing in the private sector. Local governments and state colleges may test applicants pursuant to a written policy and with advance notice to the applicant. Positive results or refusal to test is grounds for not hiring.
- Current Employee Testing: Employee testing is authorized pursuant to an employer’s written policy, distributed to all employees, and only in cases of possible employee impairment, workplace accidents or theft, safety maintenance, or productivity/quality/security maintenance. Employees who test positive or refuse to be tested are subject to referral for rehabilitation or disciplinary action, including discharge.Testing is authorized for employees of local government entities and state institutions of higher education for post-accident investigations, reasonable suspicion situations, preannounced periodic testing, and random testing in safety-sensitive positions or when required by federal law.
- Outcomes: Employer must provide documentation showing chain of custody from the time of collection and must confirm a test in cases of positive findings.
- Marijuana Provisions: Private employers can subject their employees to drug testing and apply a zero-tolerance policy for cannabis use.
Vermont
Vermont
- Applies To: Public and private employers
- Applicant Testing: Applicant testing is authorized with an advance written notice to the applicant, and only after a conditional offer of employment has been made.
- Current Employee Testing: Employee testing is authorized as part of an employee assistance program or when there is probable cause for suspicion of substance abuse. Random testing is prohibited. An employer may suspend an employee who tests positive following a period of rehabilitation but may not discharge an employee who agrees to rehabilitation after the first positive test.
- Outcomes: Testing may only be conducted by a certified laboratory. Employers must provide documentation showing chain of custody and confirm a test with part of the original sample in case of a positive finding. Employees must have the opportunity to explain findings.
- Marijuana Provisions: Employers are not required to accommodate medical marijuana use in the workplace.
Virginia
Virginia
- Virginia does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Employers can test future and current workers for marijuana, and take action based on a positive test result. However, employers cannot discharge, discipline, or discriminate against an employee who holds a medical marijuana card.
Washington
Washington
- Applies To: Private employers seeking to qualify for a 5% workers’ comp premium discount, with approval by state authorities.
- Applicant Testing: Applicant testing is authorized with an advanced written notice to the applicant and after a conditional offer of employment has been made.
- Current Employee Testing: Testing is authorized for private employers with 60 days’ notice to employees, in cases of workplace accidents, as part of an employee assistance program, on reasonable suspicion of substance abuse, or at random. Employers’ written substance abuse policy must be posted and distributed to employees. State agencies can test on reasonable suspicion for safety-sensitive positions pursuant to a written testing policy.
- Outcomes: Testing may only be conducted by a certified laboratory. Employers must provide documentation showing chain of custody and confirm a test for a positive result. Employees must be given the opportunity to explain results, and employers must ensure the confidentiality of test findings. A first-time positive test result may not be grounds for termination.
- Marijuana Provisions: Public employers have a legal basis to discipline or discharge employees who test positive for cannabis.
West Virginia
West Virginia
- West Virginia does not have a statute governing general workplace drug testing.
- Marijuana Provisions: Employers have the right to discipline an employee for being under the influence of medical cannabis in the workplace.
Wisconsin
Wisconsin
- Wisconsin does not have a statute governing workplace drug testing.
Wyoming
Wyoming
- Wyoming does not have a statute governing workplace drug testing.
Employer Drug Testing Requirements
Here are the common requirements for drug screening across states and industries. Consider these as best practice guidelines, even if you are in a state or industry that doesn’t mandate every one.
1. Document Your Drug Screen Policy
Consider adding a substance abuse and drug testing policy to your employee handbook and reviewing it during employee onboarding. You can also choose to notify candidates when conducting interviews that you’ll drug test before hiring. Use the templates we provided above to customize a policy for your business.
Disclaimer: Fit Small Business provides business information, education, and resources and is not a law firm. Therefore, please have any policy documents reviewed by your business attorney familiar with applicable state and federal laws before publication and use.
2. Provide Advance Notice
Giving employees advance notice of your drug test policy is a good practice and mandated in some states. For example, Florida requires employers to provide advance notice of 60 days before conducting any drug tests.
3. Find a Drug Screen Provider
Because drug screening is mandated in many industries, it’s easy to find a national provider to test your employees. There are also local options, like urgent care clinics or hospitals, that can assist you. Prices will vary according to the test provider, the drugs being tested for, and the testing method.
Some commonly used providers include:
4. Determine Your Drug Screenings Panels
A wide range of drugs and substances can be screened for on a drug test. Additionally, there are different kinds of panels. Be sure you understand what your paneled test is testing for. You can often ensure that one or two substances are tested if specificity is important to you.
Some examples of typical testing panels include:
- 6-panel drug test: Typically tests for amphetamines/methamphetamines, barbiturates, cocaine metabolites, marijuana metabolites: tetrahydrocannabinol (THC), opiates (including hydrocodone, hydromorphone, codeine, and morphine) and phencyclidine (PCP).
- 7-panel drug test: Screens for marijuana, cocaine, opiates, PCP, amphetamines, benzodiazepines, and barbiturates.
- 10-panel test: Typically looks for cocaine, marijuana, PCP, amphetamines, opiates, benzodiazepines, barbiturates, methadone, propoxyphene, and Quaaludes.
- 12-panel test: Searches for cocaine, marijuana, PCP, amphetamines, opiates, benzodiazepines, barbiturates, methadone, propoxyphene, Quaaludes, Ecstasy/MDA, and Oxycodone/Percocet.
Screening for Marijuana in States Where Recreational Use Is Legal
Even in states where recreational marijuana use is legal, it remains illegal at the federal level. Employers may still choose to screen for it; however, it may be risky to terminate someone for their nonwork recreational drug use in those states if the employee shows no impairment. Such as with alcohol or cigarettes, recreational drug use need not be tolerated on the job.
Some employers either omit the cannabis test or overlook the test results. This is partly because cannabis remains in a person’s system for up to 30 days. Also note that there are several cases when candidates or employees utilize marijuana for medical purposes, in which case medical documentation should be able to support the claims. There is no case, however, in which the employee may be under the influence while on the job or in the workplace.
5. Determine the Right Kind of Test for Your Drug Screen
Testing can vary from having an employee blow into a tube to having a worker submit a blood sample. Some drug screening tests, like urine, are easier to obtain. Other kinds of drug tests are more precise, such as detecting drugs used within the past four hours. Below are the five most common drug screening tests that can be requested:
Urine Test
A urine test collects a sample of an employee’s urine to test for drug use. It examines the visual, chemical, and microscopic aspects of the urine. This test, which can cost anywhere from $50 to over $100, checks for both illegal and prescription drugs within the system, such as amphetamines, barbiturates, marijuana, and cocaine. Alcohol can also be detected in a urine test but is less common than a breath test. One plus is that in some testing laboratories, a urine test can provide immediate results.
Saliva Test
Saliva testing is helpful if you need to know whether drugs have been used within the last 24 hours. It is accurate, typically costs anywhere from $50 to over $100 per worker, and admissible in most states that allow testing of body fluids. Although you can purchase these tests online and administer them yourself, doing so may be a violation in states that require a third-party testing facility or certified lab.
Breath Alcohol Test
These tests monitor blood alcohol content (BAC) and are another low-cost option that can be administered directly by the employer in states that don’t require testing to be done by a certified lab. Test kits can be bought online for as low as $15 for a blow tube to over $150 for an alcohol breath testing device.
Blood Toxicology Test
Blood testing isn’t as reliable as urine testing for drug use, and it’s much more expensive—going up to several hundred dollars per test. In general, blood testing for drug use is best saved for when the employee is unconscious, such as after a significant vehicle accident or workplace trauma.
Hair Follicle Test
The benefit of using a hair sample is that it can test for drugs as far back as 90 days. However, it’s costly, at over $100 per test. Although there are a lot of positives to hair follicle drug testing, it isn’t nearly as popular as urine drug testing, mostly due to its cost, difficulty in testing recent drug use, and longer time to process results.
6. Provide Test Results
Results will be provided to both the employer and the employee, often by the lab itself. However, if you’re in a state that requires you to provide results within 24 hours (South Carolina) or five days (Alaska), you’ll need to make sure this happens to avoid violating state law.
Notify employees of a positive drug test result and allow them to retake the test, perhaps in a different way. For example, if an employee failed a saliva drug test, you could ask the lab to confirm the test using a urine sample before you take action, such as employee discipline or employment termination.
7. Protect Employee Privacy
Because drug test results are medical information, they’re protected in all states by the Health Insurance Portability and Accountability Act (HIPAA)—a federal law. Therefore, employee test results can’t be shared without prior authorization from the employee. You’ll need the employee to sign a form allowing the test results to be shared with you, the employer. The form, called a General Consent, is typically obtained at the drug screen lab; however, you can also have your employee sign a company consent form.
Be careful that information about drug test results isn’t shared inappropriately with individuals in your organization or others who have no right to know, such as the employee’s spouse, parents, or co-workers.
When to Drug Screen
Some states mandate the conditions under which a drug test can be done, so be sure to learn your state’s rules before conducting a drug test. Here are the most common situations that may be appropriate based on your business location.
Pre-employment
Drug testing within the workplace has been shown to reduce absenteeism and improve worker productivity. It also may reduce workers’ comp claims. However, as mentioned above, be aware of laws in all the states where you employ workers to be sure that pre-employment drug screens are allowed.
For instance, privacy laws in California mandate that pre-employment drug screening be consistent and uniform so that no employment discrimination occurs. That means you can’t just drug screen workers of a certain age or protected status; you would have to drug test all new hires doing a similar job in California.
Post-accident
Testing should be required after a workplace incident, such as an accident that caused fatalities, injuries, or expensive damage. Your policy should clearly state this right to test in all cases, but especially in the case of workplace accidents. Most Occupational Safety and Health Administration (OSHA) investigations will include questions about post-incident drug testing.
Reasonable Suspicion
Another common reason that employers drug test employees is because the employee is behaving in such a way that a manager suspects substance abuse. It’s called “reasonable suspicion” or “probable cause.”
For example, if your sales rep gets in a car accident after a business meeting, could alcohol be to blame? Or if your best forklift operator suddenly crashed into a storage rack, might it be drug-related? In some states, reasonable suspicion is the only valid reason that drug testing is allowed after an employee is hired.
Random Testing
In some states, random drug testing is allowed in addition to drug testing for reasonable suspicion. Of course, random is random, meaning you can’t single out one person for drug testing based on a hunch. If you do, you’re likely to be in violation of anti-discrimination laws from the Americans with Disabilities Act (ADA) to the Age Discrimination in Employment Act (ADEA) or other labor laws.
For example, to set up a random drug screening process, consider screening every third employee based on their hire month or their last name every quarter. That way, you’ll cover all employees within a one-year timeframe. You may also randomly select candidates based on their Social Security number or employment ID.
Job Promotion
Similar to a new hire situation, some companies drug screen employees as part of a promotion process. This is to ensure the employee is drug-free before they get more responsibility, such as access to a business bank account or direct supervision of staff.
Industry Mandated
The Department of Transportation (DOT) mandates drug testing for transportation-related jobs, such as airplane pilots, taxi drivers, and anyone with a commercial driver’s license (CDL)—as well as people who work in emergency response roles. If your business operates in any industry under the jurisdiction of the DOT, you’ll need to abide by their specific guidelines.
Employee Drug Screening Risks
If you choose to run a drug test but don’t do it right, you may have upset employees or legal problems. If you don’t drug test employees and someone gets hurt by an intoxicated employee, you’re liable as well. Below are some of the risks of drug screening vs not drug screening.
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Employee Drug Screening Frequently Asked Questions (FAQs)
What do employers look for in a drug test?
An employer can screen an employee for any type of drug as part of their employee drug screening policy. The most common drugs that are screened for include marijuana, cocaine, opioids, amphetamines/methamphetamines, and PCP.
How far back does a 10-panel urine test go?
Depending on the drug in an employee’s system, it may be detected in a 10-panel urine test anywhere from 24 hours (barbiturates) to two to three days (cocaine) or up to 28 days (cannabinoids). A blood test will detect drug use anywhere from one hour to up to two weeks, a saliva test will detect drug use within a two-week timeframe, and a hair follicle test can detect drug use up to 90 days.
Bottom Line
As long as it’s legal in your state, drug screening is a great way to improve productivity and reduce costs. Be sure you check your state rules on drug screening as it’s mandated in certain industries and regulated, in some cases, by the federal government (such as with the Department of Transportation and some federal law enforcement entities). We recommend executing the pre-employment drug test after the applicant screening phase and as part of the job offer process.
