U.S. flag

An official website of the United States government, Department of Justice.

Guide to State and Federal Drug-Testing Laws (16th Edition, Volume One)

NCJ Number
Mark A. de Bernardo; Matthew F. Nieman
Date Published
766 pages
This guide summarizes the statutory requirements and the significant case law that pertain to drug testing by private-sector employers for the 50 States and the District of Columbia, as well as Puerto Rico and cities that have enacted relevant statutes; also included are summaries of drug-testing-related and alcohol-testing-related workers' compensation and unemployment compensation statutes and cases.
State-by-State summaries address seven types of drug testing and related restrictions; drug-testing procedural requirements; employee administrative and judicial remedies as well as employer exposure to criminal and civil liability; relevant statutory citations; information concerning other laws that affect drug testing, such as handicap discrimination and privacy laws; summaries of significant court decisions and case citations; and related workers' compensation and unemployment compensation statutes and cases. The types of testing covered are pre-employment, random, for-cause, periodic announced, post-accident, rehabilitation, and safety-sensitive. Appended table of States that have adopted Federal Department of Transportation drug-testing rules, tables of citations, text of the Federal Drug-Free Workplace Act of 1988, questions and answers on the Federal Contractor Drug-Free Workplace requirements, Federal court drug-testing decisions, and a legal matrix