PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Summary
Mandatory Workplace Drug & Alcohol Testing Act
2) Workers Compensation Voluntary Premium Reduction State
No
3) Employers Covered by Federal Drug Free Workplace Act
Mandatory Act
4) State Constitution Privacy Provision
No
5) Penalties and Remedies for Employer Non-Compliance
Yes
6) Significant Testing Restrictions
No
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
Yes
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
11) Alcohol Cut-off Levels
.02
12) Substances Allowed for Testing
Amphetamines, marijuana; opiates, cocaine, phencyclidine, barbiturates, benzodiazepines, methaqualone, semi-synthetic and synthetic narcotics (methadone, proxpoxyphene, oxycodone)
· Substances Cut-off Levels
Urine: Amphetamines 1000/500, marijuana 50/15, opiate 2000/2000, cocaine 300/150, phenecyclidine 25/25, barbiturates 300/300, benzodiazepines 300/300, methaqualone 300/300, semi-synthectic and synthetic narcotics 300/300 Hair: THC 10 pg/10 mg; cocaine 5 ng/10mg; opiates including codeine & morphine 5 ng/10mg; PCP 3 ng/10 mg; amphetamines including methamphetamines 5 ng/10mg
13) Drug Specimen Types
Urine or Hair
14) Types of Drug Testing and Restrictions
· Pre Employment
Permitted
· Reasonable Cause
Permitted when employer has reasonable suspicion
· Random
Permitted
· Post Accident
Permitted if an employer has reasonable suspicion that property damage in excess of $500 or a work-related injury was the direct result of an employee’s use of drugs or alcohol
· Follow-up Testing
Permitted
15) Restrictions on Types of Workplace Drug Tests
Yes
16) Collection Procedures
· Generally
· Observed Collections
Direct observation of a urine sample is not allowed; provided, however, collection is performed in a manner to prevent substitution or interference with the collection or testing of reliable samples
· Split
Yes (employees and applicants)
17) Drug Testing Falsification Law
Yes
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
No
20) Laboratory Based Testing
· Laboratory Certifications
HHS, CAP or licensed by Dept of Health
· Oral Fluids
Allowed
· Hair Testing
Allowed
21) Notification of Test Results
Not Specified
22) Rehabilitation Requirements
Required
23) Retest Required
Yes
24) Wage Payment Requirements
Employer Responsibility
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
No
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and Georgia
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Oklahoma Contributors:
