STATE DRUG TESTING LAW 101 BY BILL CURRENT, CURRENT CONSULTING GROUP
State Drug Testing Law 101: Knowing the Basics Is Critical to Your Success
This column will provide our readers with news and updates on state drug testing laws and insight into the On-Line Ultimate Guide to State Drug Testing Laws
W
hich state drug testing law applies to companies that are in multiple states? Are you required to test
non-DOT covered employees in the same manner as DOT-covered workers if your company employs both? Is there such a thing as “voluntary” drug testing laws? For many years, the Current Consult-
ing Group (formerly WFC & Associates) has been providing state drug testing laws information to drug testing providers and employers. Subscribers at StateDrug-
TestingLaws.com, our on-line state law database service which is available at a discount to DATIA members under the “Publications” tab (Ultimate Guide to State Drug Testing Laws) are allowed to submit any state drug test law-related question and we guarantee a response within 24 hours (on regular business days). Some of the questions we receive can be quite complex and require in depth research. Others are submited repeatedly. We call this last type of question “State Drug Testing Laws 101.” Tey are the basics and they are critical. Let’s briefly cover just three State Drug
Testing Laws 101-type questions that we get all the time. Tese are actually great ques- tions and the answers form the foundation of understanding that makes it possible for labs, TPAs, MROs and other providers to ensure quality consultation to their clients.
1. Does federal drug testing law preempt state drug testing law? Most people understand that the U.S. Department of Transportation (DOT) drug and alcohol testing regulations, for example, preempt a state’s legal require- ments. But that only applies to employers who fall under the federal mandate to drug
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test; it does not mean that outside of the federal mandate the same employers must adhere to the federal regulations. Some DOT-mandated employers drug test non- DOT covered workers. Tat portion of a company’s program does not have to be administered per the DOT regs. Even when running a DOT program,
state law requirements can still come into play. Tere are certain elements of a comprehensive drug testing program that are not covered by the federal regula- tions. For example, DOT regulations do not mandate that an employee who fails a drug test be terminated, but state law may impose conditions on taking such action in the event of a first-time positive result. Employers are advised to know the state laws that apply to them even when complying with a federally-mandated drug testing regulation.
2. If a company has locations in multiple states, which state law applies? Te simple answer is all of them. Some employers make the mistake of assuming that the law of the state where they are headquartered is the only one that applies when developing a drug testing policy. For multi-state employers with locations in many states it is necessary to comply with all of those laws. Generally, a well-writen, researched drug testing policy can cover much of the legal requirements for each of the applicable state laws. But addendums to the base policy are oſten needed when the state law requirements differ from the content of a company’s policy. In this case an employer can add state-specific adden- dums to the policy or, in rare cases, have a stand-alone policy for each state.
spring 2015
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