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
All types of testing with no restrictions; all testing procedures with no specific restrictions.
2) Workers Compensation Voluntary Premium Reduction State
No
3) Employers Covered by Federal Drug Free Workplace Act
No
4) State Constitution Privacy Provision
No
5) Penalties and Remedies for Employer Non-Compliance
No
6) Significant Testing Restrictions
No
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
No
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
11) Alcohol Cut-off Levels
Not Specified
12) Substances Allowed for Testing
(1) Amphetamines (including Ecstasy); (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates; or a metabolite of any of the above substances and mind altering synthetic narcotics or designer drugs
· Substances Cut-off Levels
Not Specified
13) Drug Specimen Types
Not Specified
14) Types of Drug Testing and Restrictions
· Pre Employment
Allowed
· Reasonable Cause
Allowed
· Random
Allowed
· Post Accident
Allowed
· Follow-up Testing
Allowed
15) Restrictions on Types of Workplace Drug Tests
No
16) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split
No
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
Not Specified
· Oral Fluids
Allowed
· Hair Testing
Allowed
21) Notification of Test Results
Not Specified
22) Rehabilitation Requirements
Not Specified
23) Retest Required
Not Specified
24) Wage Payment Requirements
Employer
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
or call 334-241-8030
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Pennsylvania Contributors:
