STATE DRUG TESTING LAW 101 BY BILL CURRENT, CURRENT CONSULTING GROUP, LLC
State Drug Testing Laws Continue Changing
Tis information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
testing compliance fall by the wayside as other “more important” workplace issues take precedent. As states continue modifying their workplace drug and alcohol testing laws in 2019, it’s important to update your policies to reflect what changed in 2018.
W
Arizona Arizona updated its workers’ compensation provisions to reflect new regulations pertaining to opioids and injuries in the workplace. Under the new regulations, Arizona Rev. Stat. Section 23-1062 now is adjusted to focus on the use of narcotics, opium-based Schedule II substances, or any opioid medications. Te section now covers what must be done to justify the prescription of a controlled substance, what must be included in the employee’s treatment plan, consequences for a physician’s noncompliance, and information on bad faith/unfair claims for employers. Employers are already expected to be in compliance.
Georgia Effective as of July 1, 2018, Georgia updated its workplace drug and alcohol testing provisions for state employees, found in Georgia Code Ann. 45-20-110. Te updates included a slight wording change, adding “opioids, opioid analgesics, [and] opioid derivatives” to the list of illegal drugs that can be tested for in the course of state employment. Additionally, all conflicting laws were repealed, so as to make it so the state can test for all forms
ith yet another new year upon us, it can be easy to let workplace drug and alcohol
of opioids in light of the opioid crisis, rather than the limited number that were previously mentioned.
Kentucky Kentucky updated its workers’ compensation laws in early 2018, adding a number of new regulations for employers. Kentucky Revised Stat. 342.020 was updated to include additional information on permanent partial disability claims and the employer’s responsibility, the number of drug tests that the employer is liable for, guidance on the number of additional drug tests that may be requested, and more. Employers in the state would do well to review what may be required of them in workers’ compensation situations in order to stay in full compliance with the updated statutes.
New York In August 2018, New York passed AB 208, effectively putting mandatory random drug and alcohol testing in place for school bus drivers in the state. New York’s Consolidated Laws, Vehicle, and Traffic Law 509-g was updated to require all motor carriers to conduct pre-employment and random drug and alcohol testing in compliance with Title 49 Part 382 of the Code of Federal Regulations for all school bus drivers. Schools, municipalities that transport children to and from school, and/or any corporation or entity in contract with a municipality or school district for the purpose of transporting children to and from school are impacted by these updates.
U.S. Congress October 2018 brought about the passage of the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act (SUPPORT Act) by Congress. A mega- bill consisting of 70 smaller individual bills, the goal of the SUPPORT Act was to focus on the opioid epidemic that is sweeping the nation. While there are many areas of the bill that may impact employers, two sections in particular will impact employers on the state level as they go into effect. Te Transportation Workplace Drug
and Alcohol Testing Program section of the SUPPORT Act requires the Department of Health and Human Services (HHS) to review the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines) to potentially expand the opiate category to include fentanyl, add substances that have recently been listed as Schedule I or II that are not currently included, and ensure that the Department of Transportation (DOT) will follow suit if changes are made. Additionally, the Mandatory Guidelines
for Federal Workplace Drug Testing Programs Using Oral Fluid section of the Support Act requires that HHS publish a final notice on the addition of oral fluid to the Mandatory Guidelines. It is likely that the DOT will follow suit. A number of states require compliance
with the Mandatory Guidelines and/ or DOT regulations, and as such will be impacted should they be updated.
Laws Will
Continue Changing If there is one consistent item from year-to-year in the workplace drug and alcohol testing world, it is that nothing
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