Most states have laws that address workplace drug use and drug testing. Some states require employers to put their testing program in writing. Other states prohibit disciplinary actions against employees who test positive without a second confirming test, or require testing be performed only in state-approved labs.
Because states have their own approach to drug testing rules, employers should carefully review the law in the states in which they operate prior to adopting a drug testing policy. MRA recommends employers review their drug and alcohol testing policies with legal counsel.
In addition, although marijuana remains an illegal drug under federal law, many states have now legalized its use in one form or another. This rapidly evolving landscape presents new challenges and complications for employers and contactors. Therefore, the guidelines below cover general requirements for employer consideration related to federal law, federal contractors, Department of Transportation, and the states of Wisconsin, Minnesota, Illinois, and Iowa.