of alcohol or the illegal use of a controlled substance. (N.D. Cent. Code Ann. § 65-01-11) Ohio Ohio has not State law does not specify State law does not State law does not State law does not specify how drug Ohio law does not Ohio employers enacted general the circumstances specify any specify which kind tests must be conducted. specify a protocol to cannot require, as employment drug random, requirements for of testing (urine, follow if a drug test a condition of or alcohol testing reasonable suspicion, etc.) written policies or blood, hair, etc.) is State law does not specify where a comes back positive. any laws. Employers under which testing is written notices to authorized or drug test can or must take place. prospective may require authorized or prohibited. employees or prohibited. Taking action employee or employees to applicants prior to following a failed applicant to pay follow the testing for drugs or State law does not drug test does not the cost of a requirements of alcohol. Best specify the violate Ohio's medical the federal practice, however, is substances for law. A examination Workplace to have a written which tests can be disability does not required by the Act without policy outlining the run. include any condition employer. Courts risking charges of intentions caused by current have not employer’s discrimination. with drug testing, illegal use of determined including procedures any controlled whether drug and consequences for substance except if tests are (Ohio Rev. Code § failed tests and for the employee or considered 4112.02(Q)(2)(d)). refusing a test. applicant is not medical exams. illegally using a However, Contractors on public controlled substance employers using improvement and either: the workers’ contracts Successfully comp. drug-free • participating in the completed a drug workplace Ohio Bureau of rehabilitation programs must Workers' program. pay for alcohol Compensation Is participating in a and drug testing • (OBWC) drug-free supervised drug other than workplace program rehabilitation requested must have a written program. by an employee drug-testing policy Is mistakenly or follow-up • describing how thought to be illegally testing. testing occurs. using a controlled (Ohio Admin. substance. (OBWC, Drug-free Code § Therefore, an Safety Program employer is not Guide) discriminating against any employee if an employer acts on the basis of that illegal use.
of alcohol or the illegal use of a controlled substance. (N.D. Cent. Code Ann. § 65-01-11) Ohio Ohio has not enacted general employment drug or alcohol testing laws. Employers may require employees to follow the requirements of the federal Workplace Act without risking charges of discrimination. (Ohio Rev. Code § 4112.02(Q)(2)(d)). State law does not specify the circumstances random, reasonable suspicion, etc.) under which testing is authorized or prohibited. State law does not specify any requirements for written policies or written notices to employees or applicants prior to testing for drugs or alcohol. Best practice, however, is to have a written policy outlining the employer’s intentions with drug testing, including procedures and consequences for failed tests and for refusing a test. Contractors on public improvement contracts participating in the Ohio Bureau of Workers' Compensation (OBWC) drug-free workplace program must have a written drug-testing policy describing how testing occurs. (OBWC, Drug-free Safety Program Guide) State law does not specify which kind of testing (urine, blood, hair, etc.) is authorized or prohibited. State law does not specify the substances for which tests can be run. State law does not specify how drug tests must be conducted. State law does not specify where a drug test can or must take place. Ohio law does not specify a protocol to follow if a drug test comes back positive. Taking action following a failed drug test does not violate Ohio's law. A disability does not include any condition caused by current illegal use of any controlled substance except if the employee or applicant is not illegally using a controlled substance and either: • Successfully completed a drug rehabilitation program. • Is participating in a supervised drug rehabilitation program. • Is mistakenly thought to be illegally using a controlled substance. Therefore, an employer is not discriminating against any employee if an employer acts on the basis of that illegal use. Ohio employers cannot require, as a condition of any prospective employee or applicant to pay the cost of a medical examination required by the employer. Courts have not determined whether drug tests are considered medical exams. However, employers using the workers’ comp. drug-free workplace programs must pay for alcohol and drug testing other than requested by an employee or follow-up testing. (Ohio Admin. Code §
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx