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Overview
California has passed new legislation requiring specific disclosures for applicants/employees who undergo a consumer Report of an Investigative Consumer Report. The specific legislation is referenced via the links below.
Background Profiles provides state specific, customized forms for each client to use to help ensure compliance with state law.
AB1068 Amended the original AB655 on 09/28/02 AB2868 AB655 Original, complete text. Effective 01/01/2002 Title 1.6A Investigative Consumer Reporting Agencies Act
Employess making reasonable suspicion determinations must be properly trained to recognize drug use and alcohol misuse.
Post Accident:
Test must be administered immediately following the accident
MRO
All positives must be reviewed by an MRO
Arizona - Drug Screening Laws
Arizona has voluntary laws affecting drug and alcohol testing. No cause of action may be brought against any employer that has established an alcohol or drug testing program in accordance with the law for adverse employment actions taken in good faith based on a positive drug or alcohol test. Adoption of these voluntary rules provides a "shield" against certain types of litigation.
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Yes
Broadly permitted when there is reasonable suspicion and actions adversely affects job performance
Post Accident:
Test must be administered immediately following the accident
MRO
MRO services are not required
California - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
Safety sensitive and DOT positions only.
For Cause
Post Accident:
MRO
Not required
Colorado - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
Safety sensitive and DOT positions only.
For Cause
Post Accident:
MRO
MRO services are not required
Idaho - Drug Screening Laws Idaho has voluntary laws affecting drug and alcohol testing. No cause of action may be brought against any employer that has established an alcohol or drug testing program in accordance with the law for adverse employment actions taken in good faith based on a positive drug or alcohol test. Adoption of these voluntary rules provides a "shield" against certain types of litigation.
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
Illinois - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
Michagan - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
Minnesota - Drug Screening LawsThe laws in Minnesota are fairly complex. Specific restrictions and requirements must be followed. It is important to note that Minnesota does not ordinarily allow employers to discharge an employee for a first positive result.
Permitted:
Notes
Pre Employment Screening:
rovided all applicants for the same position are tested and if a conditional job offer is made prior to the test. If job offer is withdrawn, the applicant must be informed of the the employer's reasons.
Random
For safety sensitive positions (as defined by statute) only.
For Cause
Permitted if there is reasonable suspicion that the employee while at work:
Is under the influence of alcohol or a controlled substance
Caused a work related accident or was involved in such
Sustain or caused injury to another person
Violated work rule prohibiting alcohol or controlled substance use while operating machinery
Post Accident:
Permitted under the same conditions as "For Cause".
MRO
MRO services are not required
New Jersey - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
New Mexico - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
New York - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
Oregon - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not required
Tennessee - Drug Screening LawsTennessee has voluntary laws affecting drug and alcohol testing. They provide for a 5% discount on Workers Compensation premiums for employers implementing a "Drug-Free Workplace" program in compliance with the Workers Compensation Premium Reduction Act.
Permitted:
Notes
Pre Employment Screening:
Required (under the WCPRA) following a conditional job offer
Random
(but not required)
For Cause
"Cause" is broadly defined. Reasons for the suspicion that lead to testing must be documented.
Post Accident:
If injury occured.
MRO
All positives must be reviewed by an MRO
Texas - Drug Screening Laws
Permitted:
Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO
MRO services are not requiredO
Utah - Drug Screening Laws
Utah has voluntary laws affecting drug and alcohol testing. No cause of action may be brought against any employer that has established an alcohol or drug testing program in accordance with the law for adverse employment actions taken in good faith based on a positive drug or alcohol test. Adoption of these voluntary rules provides a "shield" against certain types of litigation.
