possessed, sold, solicited or Employers must transferred drugs or used implement a 1-hour alcohol at work. education and awareness program (3) Fitness-for-duty: about substance Employers must require abuse in the fitness-for-duty testing if workplace to be held the test is part of the annually for all established employees. employer’s written policy and is either: Supervisory A routine part of a personnel must • routinely scheduled complete 2-hours of employee fitness-for-duty workplace substance medical examination; or abuse recognition Routinely scheduled for training each year. • all members of an Records of these employment classification programs must be or group. kept by employers. (4) Follow-Up Testing: Employers must require an employee to submit to follow-up drug testing if that employee enters an employee assistance program for or alcohol-related problems or rehabilitation program, unless the employee voluntarily entered the program. (5) Post-accident: Employers must require an employee to submit to drug testing after a work related accident that results in an injury. Testing specimens must be taken: After administration of • medical care. At the treating facility or • designated collection site. (6) Random drug testing or testing for drugs under additional circumstances is
possessed, sold, solicited or transferred drugs or used alcohol at work. (3) Fitness-for-duty: Employers must require fitness-for-duty testing if the test is part of the employer’s established written policy and is either: • A routine part of a routinely scheduled employee fitness-for-duty medical examination; or • Routinely scheduled for all members of an employment classification or group. (4) Follow-Up Testing: Employers must require an employee to submit to follow-up drug testing if that employee enters an employee assistance program for or alcohol-related problems or rehabilitation program, unless the employee voluntarily entered the program. (5) Post-accident: Employers must require an employee to submit to drug testing after a work related accident that results in an injury. Testing specimens must be taken: • After administration of medical care. • At the treating facility or designated collection site. (6) Random drug testing or testing for drugs under additional circumstances is Employers must implement a 1-hour education and awareness program about substance abuse in the workplace to be held annually for all employees. Supervisory personnel must complete 2-hours of workplace substance abuse recognition training each year. Records of these programs must be kept by employers.
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx