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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 Ohio

Instant or POCT Testing


Not allowed for the voluntary drug testing law.

Drug Panels


SAMHSA 5 panel plus other allowed: prescription medications such as oxycodone (expanded opiates test), barbiturates, benzodiazepines, methadone, and propoxyphene.



Must use SAMHSA certified laboratory

Medical Review Officer (MRO)


Required for both positive and negative results

Random Testing

No Restrictions

Required for the advanced level program, extra savings on worker comp insurance


No Restrictions

Folllow the Ohio Drug-Free Safety Program Guide

Reasonable Suspicion

No Restrictions

Oral Fluid Testing and Hair Follicle Testing


Not allowed for the voluntary drug testing law.

Unemployment Denial


Ohio Code 4141.29 - Eligibility for benefits. Terminate for misconduct.

Workers Comp Discount


Ohio Bureau of Workers' Compensation has the Drug-Free Safety Program (DFSP) - a basic level program with a 4% discount and an advanced level program with a 7% discount.

Intoxication Defense


Ohio Code 4123.54 - Rebuttable Presumption for Intoxication; use of controlled substances.

Medical Marijuana

Yes, limited law

Prohibits smoking, Employers have right to establish and enforce zero-tolerance drug testing policies and law does not give employees right to sue employer for taking action related to use of medical marijuana

Recreational Marijuana


Report Driver DOT Positives


Ohio BWC Drug-Free Safety Program (DFSP) offers a premium rebate to eligible employers for implementing a loss-prevention strategy addressing workplace use and misuse of alcohol and other drugs, especially illegal drugs.