State Drug Testing Laws - Overview

This is not intended to be a comprehensive explanation of a particular state’s
drug testing law. Use this summary for informational purposes only.

California (No statute. Suspicion-less testing, such as random testing, is restricted by
case law. Employers must justify all testing based on suspicion of drug use and a belief
that an employee is incapable of properly performing his job due to that drug use. A
legitimate business necessity could be concern for the safety and health of the work force
and/or general public.)

San Francisco, CA (Many restrictions apply to employers with operations within the city
limits. For example, although random testing of safety-sensitive workers is permitted in
California, in San Francisco random testing is prohibited.)

Berkley, CA (This city’s ordinance is much more stringent than in other parts of the
state.)

Boulder, CO (This city has one of the most restrictive drug testing laws in the country.
Employers in Colorado are only bound by Boulder’s city ordinance for their employees
who work in the city.)

Connecticut (Statute. Notification for pre-employment testing is required; random
testing is limited to workers in safety-sensitive positions; state law specifically defines
safety-sensitive positions; post-accident testing is allowed if there is reasonable suspicion
of drug use; reasonable suspicion testing can only be conducted if it is believed that the
worker is incapable of properly performing his job as a result of the suspected drug use;
prospective employees must be given a copy of the company’s policy.)

Delaware (Statute. Random testing for safety-sensitive positions only.)

Iowa (Statute. Requires an EAP or notice of the availability of such services; allows up to
7 days for confirmatory retest at the employee’s request and expense; requires employee
and supervisor training; reasonable suspicion testing only when impairment from drug
use is also suspected; post-accident testing can only be conducted when an injury occurs
that requires an injury report or record, or results in property damage in excess of $1,000;
many procedural regulations are imposed which should be administered by your drug
testing provider.)

Maine (Statute. Policy must be approved by the state’s DOL; employers may not require
employees to sign consent forms; an EAP is required; random testing should be limited to
workers in safety-sensitive positions; reasonable suspicion testing requires written notice;
random testing is limited to safety-sensitive positions or per union contract.)

Massachusetts (No statute. Pre-employment as post-offer only; random limited to safetysensitive
or business interest only; post-accident limited to business interest, also.)

Minnesota (Statute. No termination on first-time positives; pre-employment as post-offer
only; pre-employment positive screens must be confirmed before an offer can be
withdrawn; 8 days allowed for confirmatory retest; post-accident testing must involve an
injury or must have occurred while the individual was operating or helping to operate
work-related machinery, equipment or vehicles; random limited to safety-sensitive only.)

Montana (Statute. Provides a very specific “definitions” section; most testing is tightly
regulated, tied to safety, fiduciary or security-sensitive positions only; random testing is
limited to employees whose supervisors/managers are also subject to random testing as
well as other conditions; reasonable suspicion testing can only be required by a
supervisor/manager who has been trained according to the DOT guidelines; post-accident
testing must involve a death, personal injury or property damage in excess of $1500)

Nebraska (Statute. Requires an employee option of requesting a blood test to confirm a
positive alcohol screen.)

New Jersey (No statute. All testing, except pre-employment, should be based on a
business necessity such as concern for safety; random testing should be limited to

New York (No statute. Random testing should be limited to workers in safety-sensitive
positions.)

Oklahoma (Statute. An EAP is required; pre-employment as post-offer only; postaccident
testing is allowed if there is reasonable suspicion of drug use.)

Rhode Island (Statute. Availability of rehabilitation services is required; preemployment
as post-offer only; post-accident testing is allowed if there is reasonable
suspicion of drug use.)

Vermont (Statute. Many restrictions are imposed on employers; pre-employment as postoffer
only, with a minimum of 10 days notice, and only as part of a physical exam;
reasonable suspicion/post-accident only if it is believed the employee is under the
influence and with the availability of an EAP; random testing is prohibited; termination a
first-time positive allowed only when individual refuses treatment; consent forms are
required.)

West Virginia (No statute. Random testing should be limited to safety-sensitive positions
only.)

II. Voluntary State Laws

 
Alabama (WC-5%)
Alaska (L)
Arizona (L)
Arkansas (WC-5%)
Florida (WC-5%)
Georgia (WC-7.5%)
Idaho (L) (WC-5%)
Mississippi (WC-5%)
Ohio (WC-10-20%)
S. Carolina (WC-5%)
Tennessee (WC-5%)
Utah (L)
Virginia (WC-5%, at the discretion of the employer’s insurance provider)