STATE DRUG TESTING LAW 101 BY BILL CURRENT, CURRENT CONSULTING GROUP
Drug Testing Requirements: Who Foots the Bill?
One thing is certain— testing requirements vary widely from state to state and the
definition of who bears the testing cost varies from state to state. Employers should be familiar with all applicable laws in the state(s) in which they operate.
Tis information is provided for educational
purposes only. Readers retain full responsibility for the use of the information contained herein.
T
here are no federal drug-testing laws that allow or restrict drug testing of all employees in all states. In
fact, individual states are charged with the creation and maintenance of state-wide drug- and alcohol-testing programs, if they chose to have them apply in their respective states. It’s easy to assume that different states have similar testing laws that include “universal” provisions. But, when it comes to workplace drug and alcohol testing, one thing is certain—nothing is universal. Employers oſten assume that they are universally responsible for the costs associated with employee and/or applicant testing. However, employers aren’t always stuck with the bill, thanks to some specific state laws that require employees and/or applicants to pay for testing. Tis article will review specific state laws that dictate who is required to bear the burden of cost for employee and/or applicant drug and alcohol testing.
The Basics Not all states are alike, and not all state drug testing laws are created equal. In general, the following are three things that employers should know about every state in which they operate. First, while some states have laws
requiring employers to pay for medical exams, a drug test (as opposed to an alcohol test) is not generally considered to be a medical exam under the Americans with Disabilities Act (ADA). As such, employers should not only know what applicable state laws say about who is responsible to pay for a medical exam, but
48 datia focus
they should also know if the law mandates who is required to pay for a drug test. In some instances, these two requirements may not be linked. Employers should regularly check state laws to stay abreast of current and/or changing requirements. Second, not all state laws specify which
party should pay for a workplace drug test. Te following states do not include guidelines on who is responsible for the payment of a drug test: • California • Colorado • Connecticut • Delaware • Illinois (general) • Indiana • Kansas • Kentucky • Louisiana • Massachusets • Michigan • Missouri • Nebraska • Nevada
• New Hampshire • New Jersey • New Mexico • New York • North Dakota • Oregon • Pennsylvania • South Carolina • South Dakota • Texas • Vermont • Virginia • Washington
Employers in some of the above states do not have any general guidelines for drug testing. Even in states with drug- and alcohol-testing laws, it is important to understand that a deeper review of unemployment and workers’ compensation denial laws could provide further clarification on the requirements. Tird, some states with voluntary laws
require employers to pay for all drug tests in full. However, outside of these voluntary laws (such as Florida’s workers’ compensation premium-discount law), there are typically no requirements regarding who must pay for a drug test. In these states, the question of the employer or the employee/applicant paying for the test is open to interpretation and policy.
summer 2018
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52
