What You Need to Know About Workplace Drug Testing in Ohio
Workplace drug testing policies vary depending on both state and local laws. Here’s everything you need to know about workplace drug testing in Ohio.
Ohio permits and even incentivizes employers to drug test their employees. However, Ohio employers must still abide by federal and state laws to avoid infringing their employees’ rights.
What Does a Drug Test Entail?
Drug tests detect whether drugs are present in an individual’s bodily fluids. The chemical tests can identify various drugs, including amphetamines, cocaine, marijuana, opiates, and PCP, among others. Drug tests take many forms depending on the drugs they are testing for and the nature of the sample (whether it be urine, hair, saliva, or sweat).
Federal Laws for Workplace Drug Testing
Under the Drug-Free Workplace Act of 1988, federal contractors (organizations receiving a federal contract of $100,000 or more) and federal grantees (organizations receiving any federal grant) must create and enforce a drug-free workplace policy.
The requirement also applies to organizations promoting public safety and national security. Outside of these exceptions, private employers are not under any federal obligation to maintain a drug-free workplace policy.
Additional federal laws such as the Americans with Disabilities Act and the Civil Rights Act of 1964 protect employees’ rights and prevent employers from writing unjust drug testing policies.
Related: Prosecution of Women for Drug-Related Offenses
State and Local Laws for Workplace Drug Testing
The United States has no universal workplace drug testing policy. Many states have laws determining when a workplace drug test is appropriate. Some states may have rules requiring employers to create drug-free workplace policies.
Employers and employees should consider the inconsistencies in marijuana legalization across the country. Even if a state legalized marijuana, a workplace drug policy could still include marijuana under a “no use” rule.
What Are Ohio’s Laws for Workplace Drug Testing?
Under the Ohio Administrative Code, employers can drug test their employees.
Ohio legalizes workplace drug testing in the following circumstances:
Confirmatory testing
A confirmatory test checks an employee’s positive results from the initial test. Confirmatory testing must meet federal standards and adhere to federal drug cutoff levels.
Related: How to Beat a Drug Possession Charge
Reasonable suspicion testing
If an employer reasonably suspects an employee is under the influence while on the job, they can require the employee to submit a urine sample for a drug test.
An employer must base their “reasonable suspicion” on objective facts and circumstances (i.e., slurred speech, noticeably abnormal behavior, etc.)
Post-accident testing
Employers can require drug tests for employees who partake in unsafe job-related activities, potentially endangering themselves, others, or the organization’s operations. Post-accident testing falls under the umbrella of reasonable suspicion testing.
Applicant testing
State service organizations must clearly indicate applicants will face a drug test and will not be hired if they test positive. State government agencies cannot offer employment to applicants who test positive. Furthermore, after an individual has a positive test, these agencies cannot consider employing them for another year.
Can My Employer Drug Test for Marijuana in Ohio?
Currently, certain forms of medical marijuana are legal in Ohio. Ohio’s medical marijuana law does not prohibit employers from firing or refusing to hire individuals based on their medical marijuana usage. Ohio law does not require employers to accommodate employees for their use of medical marijuana.
The Ohio Administrative Code states using recommended medical marijuana outside its medical purpose qualifies as drug abuse. Employers in Ohio can drug test employees for marijuana. However, employees can submit medical documents to a medical review officer to explain positive test results.
Ohio’s Drug-Free Safety Program (DFSP)
Ohio’s DFSP offers a premium deduction to employers who implement policies addressing the use of drugs and alcohol in the workplace.
To meet DFSP requirements, employers must take the following actions:
- Have a written drug use policy
- Provide substance use education to employees
- Provide substance training for supervisors
- Conduct drug testing (pre-employment, reasonable suspicion, confirmatory, post-accident)
Contact us
If you or a loved one would like to learn more about Workplace Drug Testing Ohio, get your free consultation with one of our Employment Attorneys in Ohio today!