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Alabama - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Alabama

Instant or POCT Testing

Restrictions

For voluntary program, all initial and confirmation testing must take place in a laboratory.

Drug Panels

5 Panel

Voluntary program requires DOT Like

Laboratory

SAMHSA Certified

Voluntary program requires DOT Like

Medical Review Officer - MRO

Required

Required for both positive and negative results

Random Testing

No restrictions

Optional

Post-Accident

No restrictions

Voluntary program requires DOT Like

Reasonable Suspicion

No restrictions

Voluntary program requires DOT Like

Oral Fluids

Restrictions

Voluntary program requires DOT Like

Hair Testing

Restrictions

Voluntary program requires DOT Like

Unemployment Denial

Yes

Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.

Workers Comp Discount

Yes

There is a 5 percent (5%) workers' compensation insurance premium discount for those employers who establish a drug-free workplace on the job - §25-5-330.

Intoxication Defense

Yes

Workers’ Compensation intoxication defense to a claim exists, including rebuttable presumption.

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Alabama does not have a general drug testing law, but it does have a voluntary drug-free workplace law - ARTICLE 13. DRUG-FREE WORKPLACE PROGRAM. The voluntary law does not prohibit private employers from conducting random substance abuse testing or other lawful testing of employees.