[Editor: The information below consists of highlights and is not intended to be all-inclusive.]

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GENERAL COMMENTS:  This is a “mandatory” state, meaning, if an employer chooses to conduct drug or alcohol testing such tests must be conducted per state law, which contains significant, and somewhat confusing, limitations/requirements on who, what, where, when and how workplace testing may be conducted.

The new amendments to the Americans with Disabilities Act could limit who, how and when testing is conducted.

Extreme caution in developing, implementing and managing workplace drug test programs must be taken. For assistance with policy development and workers comp claim defense visit our partner, Park-Dickens Group, at www.FightReadyNow.com.


  • Has a mandatory law that has very specific/detailed rules about who, what, where, when and how testing can occur. Extreme caution must be taken in drafting a policy and implementing testing programs.
  • Has a mandatory law that provides employers MUST GIVE WRITTEN NOTICE OF A POSITIVE, explaining employee rights (retest/provide info of prescription or over-the-counter drugs); right to “retest” (not to split sample) at the same cutoff levels as the original positive.  MUST, w/in 3 days of getting result from lab, give written notice of positive or negative result to donor including what rights an employee has.
  • Has a mandatory law that provides partial immunity for motor carrier employer that discloses information in good faith about a present or former employee in response to a request pursuant to Code of Federal Regulations, title 49, section 382.413, is immune from civil liability.

For additional information, visit the Issues-At-A-Glance section of this web site.

Warning: This information is presented after a review of the statutes and court decisions in this library. This information inherently involves our opinion in certain instances and you may disagree. This information is presented for general educational purposes only -- IT IS NOT INTENDED TO PROVIDE LEGAL OR OTHER PROFESSIONAL ADVICE. Always consult your legal and medical professionals before making any decisions.