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) Workers Compensation Voluntary Premium Reduction State
PocketPart40 Editors:
Nebraska Contributors:
No
2) Employers Covered by Federal Drug Free Workplace Act
No
3) State Constitution Privacy Provision
Yes
4) Penalties and Remedies for Employer Non-Compliance
No
5) Significant Testing Restrictions
No
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
8) Worker’s Compensation Disqualification Laws
Yes
9) Unemployment Compensation Disqualification Laws
Yes
10) Alcohol Cut-off Levels
Not Specified
11) Substances Allowed for Testing
(1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates; (6) Hallucinogens; (7) Methaqualone; (8) Barbiturates; (9) Benzodiazepines; (10) Synthetic Narcotics, designer drugs, or a metabolite of any of the above substances; and (11) Alcohol.
· Substances Cut-off Levels
Not Specified
12) Drug Specimen Types
Urine, saliva, blood
13) Types of Drug Testing and Restrictions
· Pre Employment
Allowed
· Reasonable Cause
Allowed
· Random
Allowed
· Post Accident
Allowed if reasonable cause exists
· Follow-up Testing
Allowed
14) Restrictions on Types of Workplace Drug Tests
No
15) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split
Not Specified
16) Drug Testing Falsification Law
No
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
Not Specified
19) Laboratory Based Testing
· Laboratory Certifications
Confirmation tests by laboratory certified by CLIA or CAP
· Oral Fluids
Prohibited
· Hair Testing
Not Specified
20) Notification of Test Results
Not Specified
21) Rehabilitation Requirements
Not Specified
22) Retest Required
Not Specified
23) Wage Payment Requirements
Employer Responsibility
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
No
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
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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
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Nebraska Contributors:
