Industry News

State Drug Testing Laws

March 16, 2018

The world of drug testing is ever changing. Laws are complex, inconsistent and constantly evolving, so having an industry partner who is knowledgeable on regulations and state law is essential.

Last week Quest Diagnostics hosted a webinar, the Essential Guide to Drug Testing Laws. D. Faye Caldwell led the webinar and covered state laws, substance abuse policies, legal trends and workplace drug testing.

TEAM has outlined some of the most interesting state laws that were discussed below. To listen to the full webinar, click here.

Image  by Fabrikasimf via Freepik

West Virginia

The West Virginia Workplaces Act increased drug testing requirements for employers. According to the act, employers must have a detailed written policy. The policy must include the below standards.

  • A split specimen is required.
  • The applicant or employee has the opportunity to provide any information that may be considered relevant.
  • Confirmation testing must be conducted at a laboratory that is SAMHSA certified and approved by HHS and CAP.

Additionally, employees must test during or immediately before or after their regular work period. Testing time is considered work time and is subject to compensation and benefits and the employer is responsible for covering testing costs.


Hair testing has recently become permitted in Iowa for pre-employment testing only. However, the statue state that for hair specimens, testing is limited to samples no longer than 1 ½ inches and must be limited to the portion of the hair that was closest to the skin.


Maine is among some of the strictest workplace drug testing laws in the United States. Some of the most interesting include:

  • Observed collections are prohibited.
  • Employers may not terminate an employee for their first positive drug test.
  • Employees may request blood specimen testing for alcohol and marijuana, rather than breath alcohol or urine collections. If requested, employers may not test other specimens in additional to blood testing.


In Minnesota, random testing is limited to safety-sensitive employees only. Additionally, rehab is required for employees that test positive, regardless of it’s their first non-negative.

If you have questions on your state’s laws, reach out to TPS Alert today.


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