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Is instant drug testing for employees legal?

Generally speaking - Yes.  However the following states ban or have restrictions in place 

  • Kansas – Prohibited for all employees.
  • Maine – Pre-employment only.
  • Maryland – Employer must register with the State. Pre-employment only.
  • Minnesota – Prohibited for all employees.
  • Nevada – Must be performed in a licensed facility.
  • New York – Must be performed in a licensed facility.
  • North Caroline – Pre-employment only.
  • Oklahoma – Must be performed at a certified collection site.
  • Oregon – Sites must become POCT registered.
  • Puerto Rico – Prohibited for all employees.
  • Vermont – Prohibited for all employees.