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nderstanding what various law types are, in addition to how they work together, is an essential part of any


drug-free workplace program. Tis article will review the various types of state laws and federal regulations that could impact a drug-free workplace, as well as how they interact with one another.


Mandatory State Laws Fairly common in employment law, mandatory laws apply to all employers in the state unless otherwise specified. States may have multiple mandatory laws, further complicating testing procedures for employers. Maine, for example, has three


mandatory laws that apply to employers.1 Oſten, employers in states that have multiple mandatory laws are faced with contradictions—one law might signify that a specific testing specimen is permited, while the next might indicate that that same specimen is only permited under extremely specific circumstances. In such cases, employers should always adhere to the most restrictive law in order to provide the most legal protection available in the state. If a state has a mandatory workplace


drug and alcohol testing law, employers must comply (unless otherwise specified). Some mandatory laws provide extremely strict procedures as to how, when, where, and why testing can occur, while others provide broad directives and leave the specifics up to employers to determine. Regardless of the level of complexity, employers must comply.


Voluntary State Laws Many states that do not have mandatory laws have a voluntary law or laws. Voluntary laws are exactly that—voluntary. Employers can choose to comply with the law or choose not to. Employers that choose to comply are oſten offered some sort of incentive for compliance, such as a workers’ compensation premium


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discount. As with mandatory laws, if there are multiple conflicting voluntary laws, employers should always comply with the most restrictive of the laws in order to ensure full compliance. Ohio employers have another level of


difficulty when it comes to their voluntary law. Te state Drug-free Safety Program Guide outlines what an employer must do to comply with the voluntary law in addition to outlining two levels of compliance with the program. Employers that comply at a “basic” level are awarded a 4% discount on their workers’ compensation premium. Employers complying at an “advanced” level are awarded a 7% discount.2


Voluntary laws are exactly that—voluntary. Employers can choose to comply with the law or choose not to.


Some states have multiple levels of


compliance within their voluntary laws, and others provide only vague details as to what a drug-free workplace program should entail. It is up to the employer to decide if the incentive offered by the voluntary law is worth the effort that compliance entails. Unless otherwise mentioned in state laws and/or case law, employers in states with voluntary laws that choose not to comply with the voluntary law but still want to maintain a drug-free workplace policy are free to test when, how, where, and why they desire.


Industry-Specific State Laws


In addition to a mandatory and/or voluntary law(s), states may also have industry-specific laws. Industry-specific


laws apply only to employers in the specified industry, and compliance is required. Often, these laws are specific to safety-sensitive industries and can provide additional guidance in addition to federal regulations. Illinois, for example, has two industry-


specific laws—one for police officers and one for public-works employees. Te police-specific law has specific provisions for drug testing following an officer- involved shooting.3


Te public-works law


details specific provisions for the industry that are different from the general drug testing law (which, in the case of Illinois, does not exist).4


Employers in those


industries must make sure to comply with their industry-specific law(s) in addition to any applicable state law(s) and/or federal regulations. As with mandatory and voluntary laws,


employers in industries with specific laws and/or regulations in addition to other laws that they must comply with should always comply with the most restrictive of the laws and/or regulations.


Workers’ Compensation and/or Unemployment Compensation Denial Laws


Many states have a dedicated workers’ compensation and/or unemployment compensation denial laws with which employers must comply if they desire to deny workers’ compensation claims and/ or unemployment compensation claims. Some laws defer to the state laws already in place (for example, the mandatory or voluntary laws) as the basis for workers’ compensation or unemployment compensation claim denials and place few additional requirements on employers. If a workers’ compensation or unemployment compensation denial law requires compliance with another state law or federal regulations, it will say so in the law. Other states have a workers’


compensation or unemployment datia focus 23


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