STATE DRUG TESTING LAW 101 BY KATHERINE MILLER, CURRENT CONSULTING GROUP
State Law Updates in 2019
Keeping track of changing laws is essential for employers to maintain compliance, but the task can be daunting.
Tis information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
W
ith 2019 only half way over, new legislation has already changed the world of workplace drug
testing dramatically. With over 400 bills proposed, progressing, passed, or failed so far this year, it’s no wonder that things are changing, and will continue to do so. Marijuana legalization remains
a continued hot-button legislative issue. Much of the passed legislation so far in 2019 has to do with various marijuana-related provisions, ranging from additional protections for medical marijuana-using employees, to expansions of qualifying conditions for medical marijuana. Additionally, there have been a number of bills passed this year that clarify, or change, long- standing workplace drug and alcohol testing laws. Whether changes are large and sweeping,or make only a minor adjustment to state law(s), it is essential for employers to stay up-to-date with legislative changes to ensure that they are compliant and protecting their workplaces from potential lawsuits based on non-compliance. Tis article will give brief overviews of
some of bills impacting workplace drug and alcohol testing that have passed so far in 2019.
Maine SB 1013 Passed on May 8, 2019, Maine Senate Bill 1013 clarifies unemployment compensation benefits and employer’s rights pertaining to employee’s medical marijuana use in the state. Te law states that an individual can be denied unemployment compensation benefits based on the following presumption:
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“Intoxication while on duty or when reporting to work, or unauthorized use of alcohol or marijuana while on duty except for the use of marijuana permited under Title 22, chapter 558-C.”
Title 22, chapter 558-C outlines
Maine’s medical marijuana program, thereby prohibiting the denial of unemployment compensation benefits for individuals that use medical marijuana in accordance with the state’s medical marijuana program. Currently under Maine’s medical marijuana law, employers are not required to accommodate the ingestion of marijuana in the workplace, nor are they required to permit any employee to work while under the influence of marijuana, regardless of cardholder status.
New Jersey AB 4339 and SB 2848
New Jersey Senate Bill 2848 and Assembly Bill 4339 both pertain to the drug and alcohol testing of school bus drivers in the state. SB 2848 pertains to the testing of public school bus drivers, and stipulates that DOT 49 CFR Part 40 (Part 40) applies to public school bus operators, in spite of any existing law(s) that would provide the contrary. Additionally, SB 2848 mentions that any state laws, rules, or regulations containing more stringent requirements than Part 40 also apply to public school bus drivers. AB 4339 applies to private school
bus drivers, a different classification of worker than those covered in SB 2848. Te law stipulates that all bus/vehicle drivers used by the Board of Education, private schools, and/or parochial schools, must submit to an exam to determine the presence of alcohol, narcotics, or habit- producing drugs.
summer 2019
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