3. What is the difference between voluntary and mandatory drug testing laws? Whoever heard of a voluntary law? Well, there are such things, even in the area of drug testing. A number of states have programs that offer special incentives to employers to conduct drug testing. If an employer chooses to participate in the state’s program, his or her company must comply with the drug testing requirements of that voluntary program. For example, Florida offers a 5 percent discount on workers’ compensation premiums to employers who drug test in accordance with voluntary regulations provided by the state. Outside of that voluntary program, employers are free to conduct drug testing as they wish, within reason and in compliance with any other
applicable state laws such as workers’ or unemployment compensation laws. Many states have mandatory drug testing
laws that apply to employers with operations in that state. For instance, Iowa has a manda- tory drug testing law. If you are an employer in Iowa and you wish to conduct drug test- ing, you must comply with the law. Tere are typically no incentives offered in exchange for compliance with mandatory laws.
Conclusion Certainly within each state there are spe- cific requirements that employers must be aware of when it comes to drug testing. But there are some universal rules that apply generally, such as those outlined in this article. If you’re in the drug testing business or your company conducts drug testing, you must know these issues. It may be
Drug Testing Laws 101, but knowing the basics is critical to your success. ❚
Bill Current is the President and Founding Partner of the Current Consulting Group and the publisher of the Online Ultimate Guide to State Drug Testing Laws at
StateDrugTestingLaws.com. DATIA members can subscribe at
StateDrugTestingLaws.com and receive special DATIA pricing on a one-year or multi-year subscription. Find the state drug testing law information you need when you need it. Visit
DATIA.org and click on the “Publications” tab to find “The Ultimate Guide to State Drug Testing Laws.” You may also visit StateDrugTestingLaws. com to find out more about the special DATIA subscription rates.
www.datia.org
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