Workplace drug testing issues – State Laws – Indiana
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
No certification required
SAMHSA certified laboratory highly recommended
Medical Review Officer
Standard in the practice of workplace drug testing and strongly advised
Drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident
Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp Discount
Workers’ Compensation intoxication defense to a claim exists, but not a rebuttable presumption.
Report Driver DOT Positives
State contractors for public works projects must conduct drug testing, to include random testing. Other industries subject to required drug testing includes mine workers, school bus drivers and child care employers.
Intoxication Defense – Denial of Workers Compensation Claim – Indiana - Sec. 8. No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work, or his knowing failure to perform any statutory duty. The burden of proof is on the defendant.
Denial of Unemployment – Indiana - IC 22-4-15-1 Grounds for disqualification; modifications
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 development or edit of your actual substance abuse testing program and with any questions that follow.
State Law Indiana
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