For employers, Nevada is generally a drug testing friendly state but there are some restrictions on marijuana testing for pre-employment purposes. In 2020, Nevada passed Assembly Bill 132 make it illegal for employers to deny employment to those who test positive for marijuana on the pre-employment drug test. There are some exceptions.
Job positions exempt from this prohibition on turning down applicants when pre-employment test is positive for marijuana:
- Department of Transportation (DOT) covered positions
- Firefighters & EMTs
- Truckers, and others who are required to drive as part of their job
- Healthcare workers
- Employees who would cause harm if they performed their work impaired
Employers are encouraged to define which employees will be exempt from pre-employment testing for marijuana by making it clear which positions the employer deems could adversely affect the safety of others.
This rule on pre-employment testing actually extends 30 days into employment. If an employer requires an employee to take a marijuana drug test in the first 30 days of employment, the employee can submit to another test to challenge the results of the initial test. The employer is then required to accept the results of the second test. After 30 days, employers can terminate or otherwise discipline employees who test positive for marijuana.
After their first 30 days existing employees can face disciplinary action for testing positive for marijuana. Nevada employers can conduct employee drug and alcohol testing and can maintain drug free workplace programs.
Nevada employers may be able to deny workers comp benefits when a post-accident drug test provides a positive test result. Nevada employers may be able to deny unemployment benefits when a drug test result is positive and is the grounds for a policy violation and misconduct resulting in termination of employment. There are some drug testing requirements for these denials:
- The laboratory conducting the testing must be licensed under provisions of Chapter 652 – Medical Laboratories of NRS
- Intoxication or the presence of a controlled substance in the person's system is the proximate cause of the accident
- An employee can overcome a denial only by showing clear and convincing evidence that being under the influence of a controlled substance or alcohol was not the proximate cause of the injury
Learn more about Nevada and Drug Testing:
