The University prohibits the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace. All employees must abide by the terms of this drug-free workplace policy. Employees violating such prohibition will be subject to disciplinary action, up to and including discharge.
Federal law generally does not require private employers to implement drug testing in the workplace, nor does it provide specific regulations for employers that choose to test employees. The Drug-Free Workplace Act requires organizations that receive a federal contract worth at least $100,000 or a federal grant of any size to implement a drug-free workplace policy. Employers in fields related to public safety and national security also may be subject to drug testing requirements imposed by agencies such as the Department of Transportation, the Department of Defense, and the Nuclear Regulatory Commission.
Click on a state below to learn more about workplace drug testing laws and procedures in that state, such as incentives for adopting drug-free workplace programs, situations when testing is required or permitted, and key deadlines for both employers and employees.
An employer also may conduct drug testing on a random or chance basis. An employer must adopt a written policy for drug testing and inform employees of the policy before implementing it. Testing may not be initiated until 30 days after the employer notifies employees. An employee may request an opportunity to explain a positive result within 10 working days after receiving notice of the result, and the employer must provide this opportunity within 72 hours after receiving the request, or before taking adverse employment action.
An employer also may conduct any lawful testing beyond this minimum testing. At least 60 days must elapse between the notice to employees that the employer is implementing a drug-free workplace program and the start of the program. An employee or job applicant has five working days after receiving notification of a positive confirmed test result to contest or explain the result.
An employer cannot require a job applicant to undergo a drug test as part of the application procedure unless the job applicant receives written notice at the time of the application that the employer intends to conduct a drug test, and certain other requirements are met. Connecticut also provides certain requirements that an employer must meet before it can take an adverse action against an employee or job applicant solely due to a positive test. An employer that violates any of the provisions of the drug testing law may be liable for economic and non-economic damages.
An employer also may conduct random testing or other lawful forms of testing. At least 60 days must elapse between notice to employees that an employer is implementing a drug testing program and the beginning of drug testing. An employee or job applicant who receives a positive confirmed test result has five working days to contest or explain the result after receiving written notice of the result.
A specific Illinois law applies to employers with 25 or more employees that have received a grant or contract of $5,000 or more from the state. An employer in this category must certify to the granting or contracting agency that it will provide a drug-free workplace by taking certain steps. These include publishing a statement notifying employees that the possession or use of a controlled substance (including marijuana) is prohibited in the workplace and establishing a drug-free awareness program.
An Indiana law provides that an employer with 15 or more employees may prohibit the illegal use of drugs at the workplace by all employees and hold an employee who engages in illegal drug use to the same qualification standards as other employees. Specific drug testing rules apply to occupations such as child care workers and employees of public works contractors, who must be tested at least once a year.
An employer must conduct any drug testing within the terms of a written policy that has been provided to all employees subject to testing. The policy must provide requirements for the type of action that an employer will take against an employee or prospective employee who tests positive or refuses to provide a sample. A second confirmatory test must be conducted at a laboratory chosen by the employee if they request this test, identify an approved laboratory to conduct the test, and pay the fee for the test within seven days from the date when the employer mails the written notice to the employee of their right to request the test.
Before establishing a substance use testing program, an employer with over 20 full-time employees must establish a functioning employee assistance program. Within three working days after notice of a confirmed positive test result, an employee or job applicant may submit information to the employer explaining or contesting the result. An employer that violates the drug testing law may be liable to an employee who is fired or disciplined as a result for reinstatement, triple lost wages, court costs, and reasonable attorney fees.
Under the Maryland drug testing law, an employer that conducts drug testing for job-related reasons must have the specimen tested by a certain type of laboratory. At the time of testing, the employer must inform the employee of the name and address of the laboratory upon request. Unless a collective bargaining agreement provides otherwise, an employer may use preliminary screening for job applicants. An employer must provide an employee with notice of a confirmed positive test within 30 days after the test. An employee may request independent testing of the same specimen to verify the test results.
An employer must provide a written drug testing policy statement to any employee who may be required to undergo drug testing at least 30 days before implementing the drug testing program. An employer must inform an employee of a positive confirmed test result within five working days after receipt of the result. An employee may submit information explaining a positive confirmed test within 10 working days after receiving notice of the result.
In its most notable drug testing case, the New Jersey Supreme Court emphasized the importance of protecting employee privacy and strongly recommended that employers devise and implement measures that minimize the intrusiveness of the testing process. Among other things, employers should implement a testing procedure that allows as much privacy and dignity as possible, and they must provide notice of a testing program close to the beginning of the program but sufficiently far ahead to provide adequate warning. This notice must:
Under the North Carolina drug testing law, while prospective employees may be tested through a preliminary screening procedure that uses a single-use test device, a screening test of samples for current employees must be performed by an approved laboratory. A positive screening test for a prospective employee generally must be confirmed by a second examination of the sample by an approved laboratory. A positive screening test for a current employee must be confirmed by a second examination of the sample. An employee has a right to retest a confirmed positive sample at an approved laboratory. North Carolina drug testing regulations require that an employer must provide notice of a positive result to an employee within 30 days from when the results are delivered to the employer.
A more specific law provides that no employer may receive a grant or contract worth $50,000 or more from any state agency unless the employer has certified to the agency that it will establish a drug-free workplace by following certain steps provided by the statute.
An employee may be suspended after a positive test, but only for the time needed to complete the program or for three months, whichever is shorter. The employee may be terminated if they again test positive after the completion of the program when the first and fourth requirements are met. An employer may conduct drug testing of job applicants only if they have given an applicant an offer of employment that is conditioned on a negative test, the applicant received written notice of the procedure and a list of the drugs to be tested, and the administration of the test follows certain procedures. An employee or job applicant who tests positive must receive an opportunity to retest a portion of the sample at an independent laboratory.
As a condition of employment at Albion College, employees must abide by the terms of this policy. The College shall have the right to discharge employees convicted of violating any criminal drug statute which occurred while in the workplace.
Occupational medicine specialists evaluate and treat workplace injuries and illnesses, and render opinions as to the work-relatedness of a medical condition. Services include work-related physical examinations, surveillance exams required by the OSHA/MIOSHA Department of Transportation exams, urine drug, and breath alcohol testing services, and fitness-for-duty evaluations (work restrictions). Occupational medicine specialists also provide appropriate referrals.
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