Drug testing laws vary from state to state, and sometimes from city to city. It seems almost every day something is in the news about marijuana laws, and those laws are not always as simple as medical vs. recreational marijuana. New legislation has been passed in several states in 2017, and if your company has offices in other states, it is critical that you know the laws for each of your locales. Following are some of the updates from 2017:

Iowa (SF 32)

The 2017 statute was amended to allow hair testing for pre-employment only. Hair testing was previously prohibited and is still prohibited for current employees.

·        If no nationally accepted standards for specimen are adopted by SAMHSA, standards for confirmed positive results must be a standard that has been cleared or approved by the Food and Drug Administration (FDA) for a particular specimen.

·        If test is to be monitored or observed, the monitor/observer must be the same gender as the donor.

·        For hair testing, the specimen must be no longer than 1 ½ inches and “limited to the portion of the hair that was closest to the skin.”

Maine

·        Observed collections are prohibited.

·        There is a First Accident Exemption which prohibits a probable cause determination from being made on a “first accident.”

·        An employee assistance program (EAP) or rehab is required for an employee’s first positive result; an employee cannot be terminated for the first positive result.

·        Employer is not permitted to test blood unless an employee requests a blood test. If the employee does request a blood test, that is the only specimen type that can be tested for alcohol and marijuana.

·        Set mandatory cutoff levels for initial and confirmation tests.

·        The statute contains explicit employment protections for medical and recreational marijuana.

Minnesota

·        Limits random testing to safety sensitive positions.

·        Detailed and specific written notice of negative and positive results required.

·        Rehab is required for a first positive result.

Oklahoma

·        Has limitations on drugs screened with hair tests.

·        Detailed, specific procedures are required for each specimen type.

·        Set mandatory cutoff levels for initial and confirmation tests.

West Virginia Safer Workplaces Act (HB2857)

·        Allows testing for applicants and employees but requires the employer to have a detailed written policy for drug testing.

·        Testing is considered time worked for pay and benefits, and it must occur immediately before/after, or during the subjects regularly scheduled work period.

·        The employer must provide transportation and pay any reasonable fees for that transportation if the collection is completed at a location other than the workplace.

·        The employer must pay the actual costs of testing, with the exception of the costs for testing of a split specimen.

·        Standard Testing Requirements

o   Split specimen required

o   Must provide subject the opportunity to provide information which may be considered relevant

o   Confirmation testing required, and lab requirements are:

·        Substance Abuse and Mental Health Services Administration (SAMSHA) certified

·        Approved by US Health & Human Services (HHS) under Clinical Laboratory Improvement Amendments (CLIA)

·        Approved by College of American Pathologists (CAP)

A drug testing policy can protect your company from a host of legal issues, and in some cases may save you money in the form of an insurance policy discount. Make sure you stay current on the laws where you do business, and consult with legal before implementing or updating a drug free workplace policy.

Source: Quest Diagnostics Webinar – Essential Guide to Drug Testing Laws