Workplace Drug Testing Issues – Nevada State Laws
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
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.
Check with Nevada Department of Health, Quest Diagnostics, LabCorp and Alere Toxicology are all licensed.
Medical Review Officer
Highly recommended to limit exposure to liability. Always required for DOT testing.
Random testing and reasonable suspicion testing
Follow a “reasonable basis” for requiring a post-accident drug test.
Terminate for misconduct, address misconduct in drug free workplace policy. Violation of the drug free workplace policy is misconduct.
Workers Comp Discount
WC compensation not payable for an injury proximately caused by the employee’s use of a controlled substance.
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.
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
Nevada has no law addressing drug testing in private employment.
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 development or edit of your actual substance abuse testing program and with any questions that follow.
State Law Nevada
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