How do federal drug testing regulations interact with state laws?
If a state drug testing law directly contradicts a federal regulation, such as the drug and alcohol testing regulations of the US Department of Transportation (DOT), the federal regulations will prevail. It is important to understand that this general rule only applies to employers who are covered by a federal mandate to drug test; it does not apply to the testing of non-covered employees and applicants. For instance, some DOT-covered employers choose to also drug test their non-DOT workers. The non-DOT portion of a company’s program is governed by state laws.
There are certain elements of a comprehensive drug testing program that are not covered by federal regulations. For example, the DOT regulations do not mandate that an employee who fails a drug test be terminated, but state law may impose conditions on taking such action in the event of a first-time positive result. Employers should take the time to know the state laws that apply to them even when complying with a federally mandated drug testing regulation.
For employers with operations in multiple states, which state law applies?
The simple answer is, “all of them.” Some employers make the mistake of assuming that the law of the state where they are headquartered is the only one that applies when developing a drug testing policy. For multi-state employers it is necessary to comply with all applicable state laws.
Generally, a well-written, researched drug testing policy can cover much of the legal requirements for each applicable state law. But addendums to the base policy are often needed when certain state law requirements differ from the basic tenants of a company’s policy.
What is the difference between a voluntary and a mandatory drug testing law?
A number of states have programs that offer special incentives to encourage employers to conduct drug testing. If an employer chooses to participate in such a program, their company must comply with the drug testing requirements of that voluntary program.
For example, Florida offers a 5% discount on workers’ compensation premiums to employers who drug test in accordance with voluntary regulations provided by the state. Outside of that voluntary program employers are free to conduct drug testing as desired, within reason and in compliance with any other applicable state laws.
On the other hand, many states have mandatory drug testing laws that apply to any employer with operations in that state. For instance, if you are an employer in Iowa and you wish to conduct drug testing, you must comply with the state’s existing mandatory drug testing law. It’s also worth noting there are typically no incentives offered in exchange for compliance with mandatory laws.
What is an industry-specific law?
Several states have mandatory laws that apply to specific industries. Illinois, for example, has a mandatory law for companies with public works contracts with the state; it only applies to public works contractors. West Virginia has a mandatory law that applies to certain types of companies in the mining industry.
Additionally, some states have mandatory laws for certain government agencies, police and fire departments, childcare facilities, nursing homes, etc.
Industry-specific laws can be complex as they tend to require drug testing to be conducted under specific circumstances such as following an accident, when reasonable suspicion of drug use exists, or sometimes on a random basis. It is also not uncommon for such laws to defer to other laws and regulations regarding drug testing procedures.
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