PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Summary
All types of testing with no restrictions; All types of test procedure with no specific requirements, unless employers wish to conduct their programs in accordance with the administrative regulations adopted by the Ohio Workers Compensation Commission
2) Workers Compensation Voluntary Premium Reduction State (if yes see below)
Yes
3) Employers Covered by Federal Drug Free Workplace Act
Yes
4) State Constitution Privacy Provision
No
5) Penalties and Remedies for Employer Non-Compliance
No
6) Significant Testing Restrictions
No
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
No
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
No
11) Alcohol Cut-off Levels
DOT Levels
12) Substances Allowed for Testing
(1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates; and (6) Alcohol.
· Substances Cut-off Levels
As required by HHS
13) Drug Specimen Types
Urine for drugs; breath or saliva for alcohol
14) Types of Drug Testing and Restrictions
· Pre Employment
Required under Drug-Free Workplace Premium Discount Program
Required under Drug-Free Workplace Premium Discount Program
· Reasonable Cause
Required under Drug-Free Workplace Premium Discount Program
Required under Drug-Free Workplace Premium Discount Program
· Random
Required only for employers seeking a 15-to-20-percent discount
· Post Accident
Required under Drug-Free Workplace Premium Discount Program
Required under Drug-Free Workplace Premium Discount Program
· Follow-up Testing
Permitted under Drug-Free Workplace Premium Discount Program
15) Restrictions on Types of Workplace Drug Tests
Some under Drug-Free Workplace Premium Discount Program
16) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split Specimen
No
17) Drug Testing Falsification Law
No
18) Point-of-Collection Device
· Urine
EMIT Screen
· Oral Fluids
19) Safety-Sensitive Restriction
No
20) Laboratory Based Testing
· Laboratory Certifications
HHS
· Oral Fluids
Allowed for Alcohol
· Hair Testing
21) Notification of Test Results
Not Specified
22) Rehabilitation Requirements
Either an EAP program or a plan of action with designated resources of other assistance must be made available to employees.
23) Retest Required
Not Specified
24) Wage Payment Requirements
Employer
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
No
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
33) Workers Compensation Premium Reduction Statute Citation
· Amount of Premium Reduction
10-to-20-percent
· Written Drug Testing Policy Requirements
Must articulate all the elements for the drug-free workplace program that the employer is implementing; informs employees the type of testing that will be conducted and what the cutoff levels for a positive test and what testing procedures will be; describes any available rehabilitation and treatment options; includes confidentiality protections; specifies the consequences of a confirmed positive test, a failure to submit a drug or alcohol test, or the adulteration of a drug-or alcohol-test sample.
· Specifies Testing Circumstances
Yes
· Specimen Type and Panels
Urine; at the least 5 panel
· Who Pays for Testing Costs
Employer
· Timing of Testing
· Laboratory Requirements Generally
HHS
· Training Requirements
Employees are required to have a minimum of 2 hours training annually before implementation and at least annually thereafter for each program year. At least one hours for all new employees within the employees first four weeks of employment. Supervisor's must have at least four hours of initial training for all current and new supervisors in addition to the annual two hours of employee education, for a total of six hours annually offered within two or more sessions. In subsequent program years, a minimum of tow hours of refresher training for supervisors who have received the initial four hours of training, which in addition to the annual two hours of employee education, for a total of four hours. Employer must maintain records of both employees and supervisors trained.
· Collection Procedure Required
SAMHSA guidelines however split specimens need not be collected
· MRO Review Requirements
Evaluate and verify all positives
· Positive Result Notification Requirements
Not Specified
· Confidentiality Requirements
All information received by an employer, MRO, or EAP must be kept confidential
· EAP Requirements
Either an EAP program or a plan of action with designated resources of other assistance must be made available to employees.
· SAP Requirements
Either an EAP program or a plan of action with designated resources of other assistance must be made available to employees.
· Recordkeeping Requirements
· Re-Testing Required
Not Specified
· Employee Opportunity to Explain
Not Specified
· Application Submission to State
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
or call 334-241-8030
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and Georgia . teden@Constangy.com
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Ohio Contributors:
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