with the procedural requirements in the state’s voluntary law in order to successfully challenge a workers’ compensation claim.
Unemployment Compensation Law. Each state typically has an unemployment compensation law. As in the case of workers’ compensation, some states have specific drug and alcohol testing requirements included in the unemployment comp law in order for employers to successfully challenge a claim. Missouri, another state without a mandatory or voluntary drug testing law, includes extensive drug testing requirements as part of its unemployment compensation law. Tese requirements include use of a certified lab and compliance with U.S. Department of Transportation drug and alcohol testing procedures. Other states have similar requirements.
State Government Regulations. In addition to drug-testing- specific laws that may exist in a state, there may also be state government regulations that directly impact drug testing. In fact, this is oſten the case as various local government agencies have jurisdiction over specific aspects of drug testing such as a state department of health overseeing laboratory certification. Sometimes the regulations impose requirements on the laboratory and other times they impose requirements directly on employers. Because there are many state agencies that could have authority over some aspect of drug testing, it is wise to become familiar with all such requirements to ensure compliance.
Privacy Laws. Oſten a state will have a privacy law or a provision within its state constitution that guarantees privacy and that can affect drug testing. If this is the case, these requirements should be included as part of a company’s policy to ensure the integrity of the program and protect the dignity of each participating employee and job applicant.
Case Law. It is never sufficient to simply research a state’s drug testing statute or regulation. To ensure complete compliance with all legal requirements, a review of applicable case law is needed. All states have some related case law decisions that serve to clarify a statute or regulation or, in states without mandatory drug testing laws, to establish legal guidelines or requirements. California is a good example of a state without a drug testing statute as you would find in Iowa or Kansas, but with several precedent-seting case law decisions that serve to shape the legal landscape for drug testing in the Golden State. In New Jersey, the Hennessey v. Coastal Eagle Point Oil decision from 1992, while supporting random testing of certain workers, also put forth specific policy components that employers would be wise to incorporate into their programs.
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Conclusion Of course, there are other laws within a state that can affect a drug testing program including laws that pertain to disability issues, treatment, lawful activities, discrimination and, of course, medical marijuana among others. Certainly some federal laws like the Americans with Disabilities Act come into play as well. Be aware of all the laws in each of the states in which you operate, and incorporate into your drug testing policy all that apply to ensure complete compliance.
Bill Current is the President and Founding Partner of the Current Consulting Group and the publisher of the On-Line Ultimate Guide to State Drug Testing Laws at
StateDrugTestingLaws.com, a comprehensive subscription source for state drug testing laws. DATIA members can subscribe at
DATIA.org and receive special
DATIA
pricing.Find the state drug testing law information you need when you need it. Visit
DATIA.org to learn how to subscribe to the On-Line Ultimate Guide to State Drug Testing Laws at
StateDrugTestingLaws.com at special DATIA member subscription rates.
P.O. Box 1708 Cushing, OK 74023
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