In our Legal Information FAQ we provide answers to a few of the most commonly asked questions on various state laws regarding on site drug testing.*

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1. Which states do not restrict on site screening?

2. Which states require confirmation of on site test results?

3. Which states have Drug Free Workplace Acts?

4. Which states have a Clinical Laboratory Law?

5. Which states restrict Workplace Drug Testing?

1. Which states do not restrict on site screening?

Twenty-two States do not have any restrictions or limitations on the use of on site testing devices. An additional seven states (see Question 2) require that if an on site device is used, a presumptive positive result must be confirmed by a laboratory.

The following states do not have any specific restrictions or conditions on the use of on site testing devices:

* See Question 4 for further information

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2. Which states require confirmation of on site test results?

The following states allow on-site testing on the condition that presumptive positive results must be confirmed by a laboratory.

Alaska
Connecticut*
Idaho
Nebraska
North Carolina
Rhode Island
Utah

* See Question 4 for further information

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Drug-Free Workplace Acts have been enacted in a number of states. A unique feature of these acts is that compliance with them is voluntary. Employers are given a number of inducements to voluntarily comply, such as workers' compensation premium discounts. These drug-free workplace acts typically require the use of a laboratory and have detailed technical procedures calling for the screening and confirmation of tests in state or federally approved laboratories. It is unclear whether an employer will lose some or all of the benefits of compliance with the voluntary drug-free workplace law if an on site screen is added to the process.

The best recommendation to a provider of rapid immunoassay screening service is to inform the employer that a trade-off for rapid results may be losing some or all of the benefits of the state drug-free workplace act. Many of these states are studying the issue and there may be some amendments in the future. This is somewhat of an uncharted area, and employers who wish to integrate the limited use of rapid immunoassay screening such as the pre-screening procedure described here should get an independent legal opinion.

Alabama
Arizona
Florida
Georgia*
Mississippi
Tennessee*
Washington

* See Question 4 for further information

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4. Which states have a Clinical Laboratory Law?

Although it is clear that forensic drug testing, which includes workplace drug testing, is exempt from coverage under the federal Clinical Laboratory Act, a number of states have clinical laws that can be interpreted by state officials to apply to all drug testing. The states where there is statutory language to support that interpretation are:

Connecticut
Massachusetts
Illinois
New York

There is a subset of states where, although there is no statutory basis, a state official has interpreted the state law to cover workplace drug and alcohol testing. These interpretations have not been challenged.

California
Kentucky
Tennessee
Georgia
Nevada

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5. Which states restrict Workplace Drug Testing?

The following states have statutes which require the use of an approved laboratory. What constitutes an approved laboratory varies from state to state, and actual practices may not be evident from the statutory language. A doctor's office or hospital emergency room may qualify as an approved laboratory for on site drug testing.

Hawaii
Iowa
Kansas
Louisiana
Maine
Maryland
Minnesota
Nevada
Oregon
Oklahoma
Vermont

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* PLEASE NOTE: This is to be construed as information only for evaluation purposes - please consult with an attorney in your state for confirmation.

If you would like to obtain legal advice online, you may want to visit LegalOpinion.Com to obtain legal information on the current laws in your state.

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