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Alabama - STATE LAWS

Workplace drug testing issues – State Laws – Alabama

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Alabama has a voluntary law that allows for a 5% workers compensation discount.  The Alabama Department of Labor Workers' Compensation Division has adopted administrative rules which address the elements of the drug-free workplace program and the certification process.  This chart is based on those rules.

 

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.

State Law Alabama - ARTICLE 13. DRUG-FREE WORKPLACE PROGRAM.

Employers desiring a Drug-Free Workplace certification pursuant to Alabama Act 95-535 shall submit their request in writing on forms as approved by the Director, to the Department of Industrial Relations, Workers' Compensation Division, Drug-Free Workplace Certification Program - Application.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Alabama