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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 Nevada

Instant or POCT Testing


Facility must have a lab license. Quest Diagnostics does not perform instant testing at facilities in Nevada, LabCorp does. National Drug Screening operates two POCT facilities in Las Vegas.

Drug Panels

No Restrictions


Licensing required

Check with Nevada Department of Health, Quest Diagnostics, LabCorp and Alere Toxicology are all licensed.

Medical Review Officer

Not Required

Highly recommended to limit exposure to liability. Always required for DOT testing.

Random testing and reasonable suspicion testing

No Restrictions

Post-accident testing

No Restrictions

Follow a “reasonable basis” for requiring a post-accident drug test.

Unemployment Denial


Terminate for misconduct, address misconduct in drug free workplace policy. Violation of the drug free workplace policy is misconduct.

Workers Comp Discount


Intoxication Defense


WC compensation not payable for an injury proximately caused by the employee’s use of a controlled substance.

Medical Marijuana


To purchase medicinal cannabis in the state of Nevada you must have a valid medical marijuana card. Employers should consult legal counsel regarding reasonable accommodation for employees with a medical marijuana card.

Recreational Marijuana


Passed November 2017, the law does not restrict employers’ ability to enforce policies that restrict drug use, including marijuana and this includes drug testing.

Report Driver DOT Positives


General Statute

Nevada has no law addressing drug testing in private employment.