Drug Testing Laws in Employment: 50-State Survey

Federal law generally does not require private employers to implement drug testing in the workplace, nor does it provide specific regulations for employers that choose to test employees. The Drug-Free Workplace Act requires organizations that receive a federal contract worth at least $100,000 or a federal grant of any size to implement a drug-free workplace policy. Employers in fields related to public safety and national security also may be subject to drug testing requirements imposed by agencies such as the Department of Transportation, the Department of Defense, and the Nuclear Regulatory Commission.

However, many states have implemented drug testing laws, regulating the situations in which employers can conduct testing and the procedures that they can follow. Some states have enacted mandatory laws, with which employers must comply. Other states have enacted voluntary laws. This means that an employer does not need to comply with their requirements but can access a certain benefit through compliance, such as reduced workers’ compensation premiums or limited legal liability for disciplinary actions based on testing. Still other states have implemented drug testing laws only for certain industries or only for public employees. (Those laws are not covered in detail here.) In these states, and in states that have enacted virtually no drug testing laws, most private employers have broad discretion in implementing policies.

Even when a state has not enacted a generally applicable drug testing law for the private sector, local governments may enact these laws. An employee thus may want to check the rules in their city or county (or both) if they are unsure about the scope of their protections.

Privacy Rights

When a statute does not directly address drug testing in the workplace, courts often have balanced the interests of the employer against the privacy rights of the employee. These may stem from the common law or from state constitutional provisions.

Click on a state below to learn more about workplace drug testing laws and procedures in that state, such as incentives for adopting drug-free workplace programs, situations when testing is required or permitted, and key deadlines for both employers and employees.

Alabama

Alabama has a voluntary drug testing law.

An employer that meets the requirements of the Alabama law can qualify for a discount on workers’ compensation insurance premiums. Under the Alabama drug testing law, an employer must conduct drug testing in the following situations:

After extending an offer of employment to a job applicant (limited testing is allowed if it is conducted based on reasonable classifications of job positions)
Reasonable suspicion testing
When a test is part of a routine fitness-for-duty medical examination
As follow-up to an employee assistance program or rehabilitation program that an employee entered as the result of a positive test (but not if the employee entered the program voluntarily)
When an employee has caused or contributed to an on-the-job injury that resulted in a loss of work time

Employers may conduct random or other lawful testing as well. An employer must allow 60 days between notice that a substance abuse testing program is being implemented and the beginning of the actual testing. If an employee or job applicant receives a positive confirmed test result, they have five working days to contest or explain the result.

Alaska

Alaska has a voluntary drug testing law.

An employer that meets the requirements of the Alaska law can qualify for certain legal protections, such as a shield against liability for any actions taken in good faith based on a positive test. Under the Alaska drug testing law, an employer may conduct testing for any job-related purpose consistent with business necessity and the terms of a drug testing policy. Potential purposes may include:

Investigating possible employee impairment
Investigating accidents in the workplace
Maintenance of safety for employees, customers, clients, or the public
Maintenance of productivity, the quality of products or services, or security of property or information
Reasonable suspicion that an employee’s drug use may adversely affect their job performance or the work environment

An employer also may conduct drug testing on a random or chance basis. An employer must adopt a written policy for drug testing and inform employees of the policy before implementing it. Testing may not be initiated until 30 days after the employer notifies employees. An employee may request an opportunity to explain a positive result within 10 working days after receiving notice of the result, and the employer must provide this opportunity within 72 hours after receiving the request, or before taking adverse employment action.

Arizona

Arizona has a voluntary drug testing law.

An employer that meets the requirements of the Arizona law can qualify for certain legal protections, such as a shield against liability for any actions taken in good faith based on a positive test. Under the Arizona drug testing law, an employer may conduct testing for any job-related purposes that are consistent with business necessity and within the terms of the written employer policy. Purposes may include:

Investigation of possible employee impairment
Investigation of accidents in the workplace
Maintenance of safety for employees, customers, clients, or the public
Maintenance of productivity, quality of products or services, or security of property or information
Reasonable suspicion that an employee’s drug use may adversely affect their job performance or the work environment

An employer also may conduct drug testing on a random or chance basis. Any testing must be carried out within the terms of a written policy that has been distributed to every employee subject to testing, or that has been made available to employees in the same manner as they are informed of other personnel practices. An employer also must inform prospective employees if they must undergo drug testing.

Arkansas

Arkansas has a voluntary drug testing law.

An employer that meets the requirements of the Arkansas law can qualify for a discount on workers’ compensation insurance premiums. Under the Arkansas drug testing law, an employer must conduct drug testing in the following situations:

Job applicant testing after a conditional offer of employment
Reasonable suspicion testing
Routine fitness-for-duty testing (when the test is a routine part of a routinely scheduled fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group)
Follow-up drug testing after an employee completes an employee assistance program or rehabilitation program (unless the employee voluntarily entered the program)
Post-accident testing after an accident that results in an injury

An employer also may conduct any lawful testing beyond this minimum testing. At least 60 days must elapse between the notice to employees that the employer is implementing a drug-free workplace program and the start of the program. An employee or job applicant has five working days after receiving notification of a positive confirmed test result to contest or explain the result.

California

California does not have a generally applicable drug testing law.

Drug testing programs sometimes may face challenges based on the right to privacy provided by the California Constitution, although they are not unconstitutional on their face. A court likely will balance the reason for drug testing against the intrusion into employee privacy. Reasonable suspicion testing may be easier to justify than random testing.

Employers may require job applicants to undergo drug testing if this is conducted in a non-discriminatory way. If a job applicant tests positive for marijuana, an employer may refuse to hire them even if they were validly prescribed marijuana for a medical condition.

Colorado

Colorado does not have a generally applicable drug testing law.

The Colorado Court of Appeals has ruled that an employee cannot sue for wrongful termination after being fired for testing positive, or for refusing to take a drug test.

Connecticut

Connecticut has a mandatory drug testing law.

The Connecticut drug testing law provides that an employer generally cannot conduct a urinalysis drug test unless the employer has a reasonable suspicion that the employee is under the influence of drugs, which could adversely affect their job performance. An employer may conduct a random urinalysis drug test in limited situations, such as when the employee serves in a high-risk or safety-sensitive occupation, or when the test is authorized under federal law.

An employer cannot require a job applicant to undergo a drug test as part of the application procedure unless the job applicant receives written notice at the time of the application that the employer intends to conduct a drug test, and certain other requirements are met. Connecticut also provides certain requirements that an employer must meet before it can take an adverse action against an employee or job applicant solely due to a positive test. An employer that violates any of the provisions of the drug testing law may be liable for economic and non-economic damages.

Delaware

Delaware does not have a generally applicable drug testing law.

Drug testing laws apply to a handful of distinctive industries. For example, drug testing is required for people seeking employment as school bus drivers, staff in long-term care facilities, and staff in home care agencies.

Florida

Florida has a voluntary drug testing law.

An employer that meets the requirements of the Florida law can qualify for a discount on workers’ compensation insurance premiums. Under the Florida drug testing law, an employer must conduct the following types of drug tests:

Job applicant testing (refusal or positive confirmed test may disqualify an applicant)
Reasonable suspicion testing
Routine fitness-for-duty testing (when a test is part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group)
Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program (unless the employee entered the program voluntarily)

An employer also may conduct random testing or other lawful forms of testing. At least 60 days must elapse between notice to employees that an employer is implementing a drug testing program and the beginning of drug testing. An employee or job applicant who receives a positive confirmed test result has five working days to contest or explain the result after receiving written notice of the result.

Georgia

Georgia has a voluntary drug testing law.

An employer that meets the requirements of the Georgia law can qualify for a discount on workers’ compensation insurance premiums. Under the Georgia drug testing law, an employer must conduct the following types of drug tests:

Job applicant testing after extending an offer of employment (limited testing is allowed if it is conducted based on reasonable classifications of job positions)
Reasonable suspicion testing of employees
Testing as part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group
Follow-up testing after the completion of an employee assistance program or rehabilitation program entered as the result of a positive test (unless the employee voluntarily entered the program)
Testing of an employee who has caused or contributed to an on-the-job injury that resulted in a loss of worktime

A private employer also may conduct random or other lawful testing of employees. At least 60 days must elapse between notice to employees that a substance abuse testing program is being implemented and the beginning of the testing. An employee or job applicant who receives a positive confirmed test result may contest or explain the result within five working days after written notification of the positive test.

Hawaii

Hawaii has a mandatory drug testing law.

This law does not control the situations in which an employer can conduct drug testing, but it provides specific procedures that drug testing must follow. For example, before the collection of a sample for substance abuse testing, the employee must receive a written statement of the specific substances that the test will cover and a statement that over-the-counter medications or prescribed drugs may cause a positive result. An employer that willfully and knowingly violates any of these rules may be fined an amount between $1,000 and $10,000 under the Hawaii drug testing law for each violation, in addition to paying court costs and attorney fees.

Idaho

Idaho has a voluntary drug testing law.

An employer that meets the requirements of the Idaho law can qualify for a reduction in workers’ compensation insurance premiums. Under the Idaho drug testing law, an employer must implement a written policy for drug testing, which must list the types of tests to which an employee may be subject. These may include:

Baseline
Pre-employment
Post-accident
Random
Return to duty
Follow-up
Reasonable suspicion

The policy also must state that a violation may result in terminating the employee. An employee who tests positive must receive written notice of the test result and an opportunity to discuss and explain the result. An employee or job applicant may ask for a retest of the same sample by a mutually determined laboratory. The request for a retest must be made within seven working days after the notification of the first confirmed positive test. If the retest is negative, an employee who was terminated solely because of the initial positive test must be reinstated with back pay.

Illinois

Illinois does not have a generally applicable drug testing law.

A specific Illinois law applies to employers with 25 or more employees that have received a grant or contract of $5,000 or more from the state. An employer in this category must certify to the granting or contracting agency that it will provide a drug-free workplace by taking certain steps. These include publishing a statement notifying employees that the possession or use of a controlled substance (including marijuana) is prohibited in the workplace and establishing a drug-free awareness program.

Indiana

Indiana does not have a generally applicable drug testing law.

An Indiana law provides that an employer with 15 or more employees may prohibit the illegal use of drugs at the workplace by all employees and hold an employee who engages in illegal drug use to the same qualification standards as other employees. Specific drug testing rules apply to occupations such as child care workers and employees of public works contractors, who must be tested at least once a year.

Iowa

Iowa has a mandatory drug testing law.

Under the Iowa drug testing law, employers may conduct the following types of testing:

Unannounced testing of employees selected from certain specified pools
Testing during and after the completion of rehabilitation
Reasonable suspicion testing
Testing of prospective employees
Federally required testing
Testing related to investigating workplace accidents that resulted in certain injuries to employees or property damage greater than $1,000
Hair testing of prospective employees

An employer must conduct any drug testing within the terms of a written policy that has been provided to all employees subject to testing. The policy must provide requirements for the type of action that an employer will take against an employee or prospective employee who tests positive or refuses to provide a sample. A second confirmatory test must be conducted at a laboratory chosen by the employee if they request this test, identify an approved laboratory to conduct the test, and pay the fee for the test within seven days from the date when the employer mails the written notice to the employee of their right to request the test.

Kansas

Kansas does not have a generally applicable drug testing law.

A specific law applies to drug testing for public employees in certain situations. Hiring guidelines provided by the Kansas Human Rights Commission provide that an employer may require a job applicant to undergo a drug test after an offer of employment is made if this requirement applies to all entering employees in that job category, and the information generally remains confidential.

Kentucky

Kentucky has a voluntary drug testing law.

An employer that complies with certain regulations can receive a credit on workers’ compensation insurance premiums. Under these Kentucky drug testing regulations, an employer must conduct drug testing in the following situations:

After a conditional offer of employment
After selection through a statistically valid, unannounced random method
Upon reasonable suspicion of drug use
Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program
After a workplace accident that requires someone to receive off-site medical attention

If there is a positive test result, an employee or job applicant must have an opportunity to report the use of a prescription or over-the-counter medication. If the medical review officer determines that there is a legitimate medical explanation for a positive test, they must certify that the result does not indicate the unlawful use of drugs.

Louisiana

Louisiana has a mandatory drug testing law.

Under the Louisiana drug testing law, drug testing must be performed in certain certified laboratories if it is performed for marijuana, opioids, cocaine, amphetamines, or phencyclidine, and if an employee will face negative employment consequences as a result of a positive test. Upon a written request, an employee who is confirmed to have tested positive must receive the right of access within seven working days to related records. An employer may provide an opportunity to undergo rehabilitation to an employee who tests positive, rather than firing them, but this is not required.

Maine

Maine has a mandatory drug testing law.

Under the Maine drug testing law, an employer may conduct drug testing of job applicants only if an applicant has been offered employment or has been offered a position on a roster of eligibility. Meanwhile, an employer may conduct drug testing of employees in the following situations, subject to certain rules:

Probable cause testing
Random or arbitrary testing
Testing while undergoing rehabilitation or treatment
Testing upon return to work

Before establishing a substance use testing program, an employer with over 20 full-time employees must establish a functioning employee assistance program. Within three working days after notice of a confirmed positive test result, an employee or job applicant may submit information to the employer explaining or contesting the result. An employer that violates the drug testing law may be liable to an employee who is fired or disciplined as a result for reinstatement, triple lost wages, court costs, and reasonable attorney fees.

Maryland

Maryland has a mandatory drug testing law.

Under the Maryland drug testing law, an employer that conducts drug testing for job-related reasons must have the specimen tested by a certain type of laboratory. At the time of testing, the employer must inform the employee of the name and address of the laboratory upon request. Unless a collective bargaining agreement provides otherwise, an employer may use preliminary screening for job applicants. An employer must provide an employee with notice of a confirmed positive test within 30 days after the test. An employee may request independent testing of the same specimen to verify the test results.

Massachusetts

Massachusetts does not have a generally applicable drug testing law.

Decisions by Massachusetts courts suggest that a policy of random drug testing will be evaluated on a fact-specific basis, balancing the interests of the employer against the right to privacy of the employee. The nature of the job duties may make a significant difference to the outcome.

Michigan

Michigan does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

Minnesota

Minnesota has a mandatory drug testing law.

Under the Minnesota drug testing law, an employer may conduct drug testing only in the following situations:

Job applicant testing after an offer has been made to the applicant (if the same test is conducted for all applicants for that position)
Routine physical examination testing (no more than once annually)
Random testing, but only for safety-sensitive positions and professional athletes
Reasonable suspicion testing, based on a suspicion that the employee is under the influence, has violated the employer’s drug policy, has sustained an injury or caused an injury to another employee, or has caused a workplace accident or operated machinery involved in an accident
Treatment program testing during chemical dependency treatment or evaluation, and for two years after the completion of a treatment program

An employer is not required to conduct drug testing in any of these situations, and any testing must be conducted pursuant to a written policy and performed by an approved laboratory. The written policy must provide for the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest. An employer that violates the drug testing law may be liable to an employee or job applicant for damages and other remedies.

Mississippi

Mississippi has a voluntary drug testing law.

If an employer chooses to conduct drug testing pursuant to this law, it must state this choice in its written policy on drug use, which will trigger certain rights and obligations for the employer, employees, and job applicants. Among other things, an employer that meets the statutory requirements is shielded from civil actions arising from the drug testing program, while an employee can sue the employer if it violates the statute. Under the Mississippi drug testing law, an employer may conduct drug testing in the following situations:

Job applicants
Reasonable suspicion
Neutral selection, including testing as part of routine fitness-for-duty medical examinations, related to a drug abuse rehabilitation program, or within 12 months of a previous positive confirmed test of the employee
Work-related injury to the employee, or when they assert a work-related injury

An employer must provide a written drug testing policy statement to any employee who may be required to undergo drug testing at least 30 days before implementing the drug testing program. An employer must inform an employee of a positive confirmed test result within five working days after receipt of the result. An employee may submit information explaining a positive confirmed test within 10 working days after receiving notice of the result.

Missouri

Missouri does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

Montana

Montana has a mandatory drug testing law.

Under the Montana drug testing law, an employer may conduct drug testing in the following situations:

Prospective employee testing as a condition of hire
Random testing if certain procedures are followed
Follow-up testing after an employee has a verified positive test (for up to one year after the employer first requires a follow-up test)
Reasonable suspicion that an employee’s faculties are impaired on the job as a result of drug use
Reasonable belief that an employee’s action or failure to act caused a work-related accident resulting in death, injury, or property damage greater than $1,500

Any drug testing must be conducted according to the terms of a written policy, which must be available to employees 60 days before the terms are implemented. An employer cannot take adverse action against an employee, or require follow-up testing, if an employee presents a reasonable explanation or medical opinion indicating that a positive test was not caused by illegal drug use. The positive test must be removed from the employee’s record in this case.

Nebraska

Nebraska has a mandatory drug testing law.

Private employers with six or more employees are covered by this law. The Nebraska drug testing law does not address the situations in which tests may or must be conducted. However, it prevents an employer from using a drug test to fire or otherwise discipline an employee unless certain technical requirements are met. An employer must not release test results to the public but must release results when required by law or to the employee on request. Results may be released to officers, agents, or employees of the employer who need to know the information for employment-related reasons. An employee who refuses to undergo a test may be subject to discipline, including termination.

Nevada

Nevada does not have a generally applicable drug testing law, except for a law involving marijuana and job applicants.

A Nevada law prevents an employer from refusing to hire a prospective employee based on a screening test that indicates the presence of marijuana. Exceptions apply to certain occupations, such as safety-related jobs. If an employer requires a screening test within the first 30 days of employment, an employee can undergo an additional screening test at their own expense to rebut the results. The employer must give appropriate consideration to the results of the second screening test.

New Hampshire

New Hampshire does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

New Jersey

New Jersey does not have a generally applicable drug testing law, except for a law specifically addressing cannabis.

In its most notable drug testing case, the New Jersey Supreme Court emphasized the importance of protecting employee privacy and strongly recommended that employers devise and implement measures that minimize the intrusiveness of the testing process. Among other things, employers should implement a testing procedure that allows as much privacy and dignity as possible, and they must provide notice of a testing program close to the beginning of the program but sufficiently far ahead to provide adequate warning. This notice must:

Describe the method for selecting employees to be tested
Warn employees of the lingering effect of certain drugs in the system
Explain how the sample will be analyzed
Notify employees of the consequences of a positive test or refusal

Employers may conduct only tests that are necessary to determine the presence of drugs and must not disclose information obtained as a result of testing. A law specifically addressing discrimination against employees who use cannabis provides that an employer may require an employee to undergo a drug test upon reasonable suspicion that an employee is using a cannabis item on the job, upon finding observable signs of intoxication related to the usage of a cannabis item, or after a work-related accident subject to investigation by the employer. The law also mentions that an employer may conduct a drug test randomly, or as part of a pre-employment screening or regular screening of current employees to determine use during an employee's work hours.

New Mexico

New Mexico does not have a generally applicable drug testing law.

Employers have substantial discretion in devising and implementing drug testing policies.

New York

New York does not have a generally applicable drug testing law.

A related New York law provides that an employer cannot fire or otherwise discriminate against an employee based on their legal use of consumable products before or after the employee’s work hours, and off the employer’s premises and without using the employer’s property. This law recently was revised to specifically include cannabis products.

North Carolina

North Carolina has a mandatory drug testing law.

Under the North Carolina drug testing law, while prospective employees may be tested through a preliminary screening procedure that uses a single-use test device, a screening test of samples for current employees must be performed by an approved laboratory. A positive screening test for a prospective employee generally must be confirmed by a second examination of the sample by an approved laboratory. A positive screening test for a current employee must be confirmed by a second examination of the sample. An employee has a right to retest a confirmed positive sample at an approved laboratory. North Carolina drug testing regulations require that an employer must provide notice of a positive result to an employee within 30 days from when the results are delivered to the employer.

North Dakota

North Dakota does not have a generally applicable drug testing law.

A related North Dakota law provides that an employer must bear the cost of a medical examination, such as a drug test, if it requires an employee or job applicant to undergo the examination as a condition of retaining or obtaining employment.

Ohio

Ohio has a voluntary drug testing law.

The Ohio drug-free safety program contains Basic and Advanced levels. An employer that meets the requirements of the Basic level can receive a 4 percent rebate on workers’ compensation insurance premiums, while an employer that meets the requirements of the Advanced level can receive a 7 percent rebate. Regardless of the level, an employer must provide a written policy describing the drug-free program within 90 days of the start of the initial program year. Employers also must provide initial training and refresher training to employees and supervisors. Testing required for an employer at the Basic level generally includes:

Pre-employment or new hire testing (or a combination)
Reasonable suspicion testing
Post-accident testing of anyone who may have caused or contributed to an accident, following an accident investigation
Return-to-duty testing for employees who get a second chance after a positive test
Follow-up testing for employees who retain employment after a positive test and return to duty

Post-accident testing is not required when the accident caused only a minor injury, work rules were not violated, the investigation determined that there was no reasonable suspicion related to the accident, and the accident is considered “normal” in view of the job duties of the injured employee. An employer at the Advanced level must meet the same requirements as an employer at the Basic level, in addition to 15 percent random testing. An employer at the Advanced level also must pre-establish a working relationship with an employee assistance professional to whom they can refer employees with substance problems for assessments.

Oklahoma

Oklahoma has a mandatory drug testing law.

The Oklahoma drug testing law generally permits an employer to conduct testing only in the following situations:

Job applicant testing, in addition to testing for transfers and reassignments
For-cause testing when an employer reasonably believes that the employee may be under the influence
Post-accident testing when the employee or another person has been injured at work, or property has been damaged while at work
Random testing, which may be limited to certain employment classifications or groups
Fitness-for-duty and return from leave testing, as well as other testing scheduled routinely as part of the employer’s policy
Post-rehabilitation testing after an employee returns to work following a positive test or participation in a drug dependency treatment program

An employer must adopt a written policy for its drug testing program and must provide at least 10 days’ notice to its employees when it implements or changes a drug testing policy. An employee can sue an employer for a willful violation of the drug testing law. Remedies may include lost wages, liquidated damages, and reasonable costs and attorney fees.

Oregon

Oregon has mandatory laws for laboratories that affect drug testing.

A law provides rules for laboratories that perform tests for the purpose of detecting substance abuse. Entities other than certain types of laboratories cannot perform on-site tests for non-medical substance abuse screening tests unless they file a registration form with the Public Health Division of the Oregon Health Authority and pay a registration fee. When a substance abuse screening laboratory obtains a positive test result, and the submitter indicates that the result will be used to deprive a person of employment or any benefit, the result must be confirmed by a clinical laboratory.

A law specific to alcohol testing provides that an employer may require an employee to undergo a blood alcohol content test or a breathalyzer test as a condition for employment or continued employment if the employer has reasonable grounds to believe that the employee is under the influence.

Pennsylvania

Pennsylvania does not have a generally applicable drug testing law.

Courts determining whether a specific policy or procedure is valid likely will weigh the employer’s interest against the employee’s right to privacy.

Rhode Island

Rhode Island has a mandatory drug testing law.

Under the Rhode Island drug testing law, an employer may require drug testing if it has reasonable grounds to believe that the employee may be under the influence, which may be impairing their ability to perform their job. An employee who tests positive must not be terminated for that reason but must be referred to a substance abuse professional. (However, an employer may require additional testing in accordance with the referral, and an employee may be terminated if their testing indicates the continued use of controlled substances despite treatment.)

An employee must have a reasonable opportunity to rebut or explain the results. An employer also may require a job applicant to undergo a drug test if the job applicant has received an offer of employment conditioned on a negative test result.

South Carolina

South Carolina has a voluntary drug testing law.

An employer that meets the requirements of the South Carolina law may qualify for a credit of at least 5 percent on workers’ compensation insurance premiums. Under the South Carolina drug testing law, a drug prevention program in the workplace must include notification to all employees of the program and its policies at the time that the program is established or at the time of hiring the employee, whichever is earlier. Information in test results is not admissible in criminal proceedings against employees.

A more specific law provides that no employer may receive a grant or contract worth $50,000 or more from any state agency unless the employer has certified to the agency that it will establish a drug-free workplace by following certain steps provided by the statute.

South Dakota

South Dakota does not have a generally applicable drug testing law.

Applicants for certain government jobs must undergo screening.

Tennessee

Tennessee has a voluntary drug testing law.

An employer that meets the requirements of the Tennessee law may qualify for a 5 percent discount on workers’ compensation insurance premiums. Under the Tennessee drug testing law, an employer must conduct drug testing in the following situations:

Job applicant testing after a conditional offer of employment (potentially limited testing if it is based on a reasonable classification)
Reasonable suspicion testing
Fitness-for-duty testing, which may be related to a medical exam or scheduled routinely for all members of an employment classification or group
Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program (unless the employee entered the program voluntarily)
Post-accident testing when an accident results in an injury

In addition, an employer may conduct any other lawful testing. Prior to testing, an employer must provide employees and job applicants with a written policy statement that contains certain information. An employee or job applicant who receives a positive confirmed test may contest or explain the result within five working days after receiving notification of the result.

Texas

Texas does not have a generally applicable drug testing law.

Employers thus have substantial discretion in devising and implementing drug testing policies.

Utah

Utah has a voluntary drug testing law.

An employer that meets the requirements of the Utah law cannot be sued for taking disciplinary or rehabilitative action against an employee who tests positive, unless the test result was inaccurate. (Certain additional restrictions apply.) Under the Utah drug testing law, an employer may conduct drug testing for the following purposes:

Investigation of possible employee impairment
Investigation of workplace accidents or workplace theft
Maintenance of safety for employees or the public
Maintenance of productivity, quality of products or services, or security of property or information

Employers and management must submit to drug testing on a periodic basis. Any testing or retesting must be performed within the terms of a written policy that has been distributed to employees and is available to prospective employees. A confirmed failed test that shows a violation of the written policy, or a refusal to provide a sample, may result in consequences such as termination, suspension, or refusal to hire.

Vermont

Vermont has a mandatory drug testing law.

An employer in Vermont cannot conduct random or company-wide drug testing unless this is required by federal law. Under the Vermont drug testing law, an employer can conduct drug testing only if all of the following conditions are met:

The employer has probable cause to believe that the employee is using a drug on the job, or is under the influence
The employer has a bona fide drug rehabilitation program available for the employee being tested
The employee is not terminated after a positive result if they agree to participate in the program and successfully complete it
The administration of the test follows certain procedures

An employee may be suspended after a positive test, but only for the time needed to complete the program or for three months, whichever is shorter. The employee may be terminated if they again test positive after the completion of the program when the first and fourth requirements are met. An employer may conduct drug testing of job applicants only if they have given an applicant an offer of employment that is conditioned on a negative test, the applicant received written notice of the procedure and a list of the drugs to be tested, and the administration of the test follows certain procedures. An employee or job applicant who tests positive must receive an opportunity to retest a portion of the sample at an independent laboratory.

Virginia

Virginia does not have a generally applicable drug testing law.

Workers’ compensation insurers must provide a premium discount of up to 5 percent to an employer that establishes a drug-free workplace program that satisfies insurer criteria. (Each insurer can set its own criteria.) During the performance of a contract worth over $10,000 for a government entity, a contractor must establish a drug-free workplace.

Washington

Washington does not have a generally applicable drug testing law.

State agencies and their employees are subject to distinctive drug testing regulations.

Washington, D.C.

Washington, D.C. does not have a generally applicable drug testing law, except for a law involving marijuana and job applicants.

The marijuana testing law provides that an employer cannot test a prospective employee for marijuana until a conditional offer of employment has been extended. Public employees are subject to distinctive rules.

West Virginia

West Virginia has a mandatory drug testing law, but with rewards similar to voluntary laws.

West Virginia explicitly allows an employer to conduct drug tests on employees or job applicants as a condition of continued employment or hiring. Employers must implement certain safeguards to be shielded from legal claims for acting in good faith on the results of a drug test. Under the West Virginia drug testing law, an employer may require drug testing for legitimate drug abuse prevention or treatment purposes, including:

Deterrence and detection of illegal drug use or possession, or prescription drug abuse
Investigation of possible employee impairment
Investigation of workplace accidents, workplace theft, or other employee misconduct
Maintenance of safety for employees, customers, clients, or the public
Maintenance of productivity, quality of products or services, or security of property or information

Any testing or retesting must be conducted within the terms of a written policy that has been distributed to all employees subject to testing and made available to prospective employees. Employers are not required to offer counseling, employee assistance programs, or drug rehabilitation programs. An employer may use a confirmed positive test or a refusal to provide a testing sample as a basis for actions such as termination, suspension, or refusal to hire.

Wisconsin

Wisconsin does not have a generally applicable drug testing law.

Certain requirements apply to public works contractors.

Wyoming

Wyoming has a voluntary drug testing law.

An employer that complies with a drug testing program approved by the Workers’ Compensation Division can qualify for a premium base rate discount up to 10 percent on workers’ compensation insurance. Under related Wyoming drug testing regulations, substance abuse testing includes the following types of testing:

Pre-employment testing
Random testing (conducted on 20 percent or more of the average staff annually)
Reasonable suspicion testing
Post-accident testing

An employer in the program must provide annual substance abuse education training and must make resources available to employees who need assistance. An employer must implement a written policy, which must provide a 60-day notice before implementing substance abuse testing if the employer is implementing a new policy to enter the program. If an employee has a positive confirmed test result, they have five working days after notification of the result to contest or explain it.

Last reviewed September 2022

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