The key to avoiding costly mistakes is to follow the rules, which means you must know the rules.


that over-the-counter medications and prescribed medicines could cause a positive.18


2. If an employee or prospective em- ployee is “non-negative” on an onsite test, the employer must have the employee or prospective employee report to an approved laboratory within four hours.19


3. An employee or prospective em- ployee may be denied employment or may be subject to adverse action provided the employer gives that person a written statement of rights containing three specific categories of information as detailed in Sec. 329B- 5.5(3)(A-C).20


Iowa:


Iowa’s law limiting workplace drug and alcohol testing is among the oldest in the country, enacted in 1987.21


Some key


points to note include the following: 1. Any confirmed positive test result must be communicated to a current employee by a writen notice contain- ing a list of the employee’s rights sent to the employee by certified mail, return receipt requested.22


2. Parents of a minor employee must receive a copy of the company policy and any positive test results.23


3. All testing must be conducted in ac- cordance with a writen policy that is provided to every employee.24


50 datia focus


4. Split sample analysis is permited at the employee's expense—but the employee may only be requested to contribute an amount “consistent with the employer’s cost of conducting the initial confirmatory test.25


5. Iowa is the only state that requires an- nual supervisor training.26


Maine:


Maine has a statute and regulations for drug testing that is very detailed. Maine also has authorized the use of both medical and adult use of marijuana with employment limitations you should know. Some drug testing specifics include the following: 1. Before beginning any drug testing in this state, the employer’s policy must be ap- proved by the Department of Labor.27


2. No employment action may occur for any employee testing positive the first time; an opportunity to participate in counsel- ing for up to six months must be made.28


Maryland:


1. No breath alcohol testing is permited.29 2. Hair testing is permited, but only for pre-employment.30


Minnesota:


1. Employers must have a writen policy; the employer must provide each em- ployee with notice of the policy and must post a notice in appropriate loca- tions that the policy has been adopted.31


2. An employer may not fire an employee for whom the result is their first positive.32


3. Employees AND job applicants have a right to a retest; the retest must be con- ducted using the same detection levels as the original confirmatory test.33


North Carolina:


1. At the time of each test, the employer must give the donor writen a notice of their rights under the law.34


2. Writen notice of a positive test result must be given, but may be given in


any manner, such as in person, mail, or otherwise.35


3. The person tested has a right to a retest and must pay all reasonable expenses; reasonable expenses means in part actual costs of retest and chain of custody procedures. The person tested may only be asked to pay up to $15 of this cost.36


Oklahoma:


1. Employers may only test for controlled substances in Schedules I, II, or III.37


2. No one who tests positive or refuses a test is eligible for compensation under the state’s workers’ compensation rules.38


3. Employers must have a written policy that is provided to employees and to applicants who are accepted as employees. It must be provided to each employee, but in a variety of ways listed.39


4. Urine cutoff levels for cocaine and am- phetamine differ from federal levels.40


By Issue We are, of course, limited by space and cannot dive into each state’s nuances. Tere are more than 600! Here are just a sample of state laws by key issues: • Six states limit discipline that employers can impose: (IA, ME, MN, OH, RI & VT)


• 11 states and two cities limit or prohibit random testing: (AK, CA, CT, ME, MA, MN, MT, NJ, RI, VT, WV— Boulder, CO & San Francisco, CA)


• Four states and one city prohibit observed collections: (CT, ME, RI, VT & Boulder, CO)


• 16 states and two cities require a split/ retest opportunity for donors: (AL, ID, IA, LA, ME, MD, MN, MS, MT, NC, OH, OK, RI, TN, VT, WI, Boulder, CO & DC)


• 13 states and one city limit/prohibit hair testing: (AK, AR, CA, CT, IA, KS, MN, NE, OH, TN, TX, VT, WY & DC.)


spring 2019


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