Drug and Alcohol testing is utilized to create a safe and drug-free environment for employees and clients. But recently with marijuana legalization gaining popularity and various human rights movements, there can be confusion as to when to test, how to test, and the legality of testing. We’ve compiled a list of Frequently Asked Questions to alleviate any concerns you may have and to aid you when creating policies.
As a consumer reporting agency, we cannot act as your attorney or give you advice. This blog is not all encompassing. You must consult qualified legal counsel to ensure you are maintaining a compliant program.
Is pre-employment drug testing legal?
Pre-employment testing is common practice and legal in most jurisdictions. State legislation can vary from state to state, so you must do your homework to ensure you are compliant. It’s also important to keep up-to-date on legislation changes and trends.
Recently, legislation passed which prohibits New York City employers from testing job candidates for marijuana as a condition of employment. Exceptions exist for federal or state contract or grants and for safety and security sensitive jobs. Once the mayor signs the legislation, the law will take effect one year after enactment.
This example demonstrates how important it is to keep up-to-date on screening regulations to ensure your processes are compliant.
What are the common reasons for drug testing?
Pre-Employment, Periodic, Random, Reasonable Suspicion, Post Accident, and Annual Retention Testing.
What are the common testing methods?
Urine Testing (most common), Hair testing, and Oral Fluid Testing. There are many options when selecting drug testing including: DOT, 5-Panel, 10-Panel, 11 Panel, 12 Panel, 14 Panel, Alcohol and more!
Does Choice Screening provide drug testing?
Yes, we are partnered with three of the most experienced leaders in substance and alcohol abuse testing: LabCorp Solutions, Quest Diagnostics, and Alere eScreen. There are over 15,000 testing sites collectively, online scheduling, MRO service, and integration into our system to create fast turnarounds!
What is the drug and alcohol testing process?
The applicant or employee will go to a collection site to submit a specimen. The collection site performs initial testing to confirm the validity of the specimen. The specimen is then sent to a lab to be tested. Negative results are returned within a few days of specimen collection. Positive results are reviewed by a Medical Review Officer to confirm permissible use.
Which states have legalized marijuana?
The following states/federal district/territories have legalized marijuana in some form for recreational use:
· District of Columbia
· Northern Mariana Islands
The following states/federal district/territories have legalized marijuana in some form for medical use:
· New Hampshire
· New Jersey
· New Mexico
· New York
· North Carolina
· North Dakota
· Puerto Rico
· Rhode Island
· South Carolina
· U.S. Virgin Islands
· West Virginia
What are the drug and alcohol testing regulations by state?
*Please note that this list is for informational purposes only and does not include all states and territories. Be sure to consult with legal counsel prior to testing your applicants and employees.
ALABAMA: Alabama Code 25-5-330 to 25-5-340
ARIZONA: Arizona Statute 23-493 TO 23-493.12
BOULDER, CO: Boulder, CO Human Rights Code Title 12, Chapter 3
CONNETICUT: Connecticut Title 31, Chapter 557
HAWAII: Hawaii Revised Statute 329B-1-8
IDAHO: Idaho Code 72-1701 to 1716
ILLINOIS PUBLIC WORKS: Illinois Public Works Act 095-063
KENTUCKY: 803 KAR 25:280
MINNESOTA: Minnesota Statute 181.950 TO 181.957
MISSISSIPPI: Mississippi Code Title 15, Part 3, Subpart 1
MONTANA: Montana Code 39-2-205-211
RHODE ISLAND: Rhode Island Title 28, 6.5.1 to 28-6.5-2
TENNESSEE: Tennessee Chapter 0800-02-12
UTAH: UTAH CODE Chapter 38