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Alabama State Laws

Workplace Drug Testing Issues – Alabama State Laws

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.  Consider marijuana laws before terminating an employee for a positive test for marijuana.

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

Drug Testing Issue Status Comments
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 - u00a725-5-330.
Intoxication Defense Yes Workersu2019 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.  For the Alabama voluntary drug-free workplace - instant drug testing or POCT testing is prohibited.

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 vary 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