Everything You Need to Know About Pre-Employment Drug Testing Laws by State 2022
Introduction
As the new year rolls in, employers must be aware of the latest pre-employment drug testing laws by state. These laws dictate the parameters of the drug testing process and the appropriate actions to take when drug testing is necessary. It is important to understand the regulations in place in order to remain compliant with federal and local laws.
What Is Pre-Employment Drug Testing?
Pre-employment drug testing is an assessment that employers use to determine if potential hires are using illegal drugs. It is done at the beginning of the hiring process to ensure that the employee being hired is not under the influence of drugs. According to the American Council for Drug Education, the tests are mainly used to identify marijuana, cocaine, opiates, methamphetamines, and PCP.
What Are the Laws Regarding Pre-Employment Drug Testing?
The laws regarding pre-employment drug testing vary by state. Some states have no laws in place, while others have very strict regulations. In general, employers must have a written policy in place that outlines the parameters of the drug testing process. This policy must be included in the employee handbook and must be made available to all potential hires.
State Laws
Each state has its own set of laws regarding pre-employment drug testing. In some states, employers are allowed to conduct drug tests without prior approval. In other states, employers must obtain a court order before conducting a drug test. Additionally, there may be restrictions on the types of tests that can be used or the types of drugs that can be tested for.
Federal Laws
The federal government also has regulations for pre-employment drug testing. The Drug-Free Workplace Act of 1988 requires that employers who receive federal contracts or grants must have drug-free workplace policies in place. Additionally, the Americans with Disabilities Act (ADA) prohibits employers from discriminating against potential hires based on their disability or the results of a drug test.
What Are the Benefits of Pre-Employment Drug Testing?
Pre-employment drug testing provides employers with a way to ensure that their workplace is drug-free. It also helps to protect employers from litigation and potential legal action should an employee become impaired while on the job. Additionally, drug testing can help to increase workplace productivity and morale.
Conclusion
It is important for employers to understand the pre-employment drug testing laws by state 2022. These laws vary from state to state and employers must be aware of the regulations in place in order to remain compliant with federal and local laws. By taking the time to understand the laws, employers can ensure that their workplace is safe and productive and can protect themselves from potential legal action.
