Workplace Drug Testing Issues – Nebraska State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Nebraska
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No restrictions||All non-negative results must be confirmed at a certified lab|
|Drug Panels||No restrictions|
|Laboratory||Use Certified Labs||The law requires all confirmations to be conducted at qualified lab facilities.|
|Medical Review Officer||Not required||While the law does not require the use of an MRO it is standard in the practice of workplace drug testing and strongly advised.|
|Random Testing||No restrictions|
|Post-Accident||No restrictions||Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.|
|Reasonable Suspicion||No restrictions|
|Oral Fluids||No restrictions|
|Hair Testing||No restrictions|
|Workers Comp Discount||No|
|Intoxication Defense||Yes||The burden of proof is on the employer.|
|Report Driver DOT Positives||No|
|General Statute||Employers wishing to conduct workplace drug testing must follow state rules - (48- 1901 to 1910)|
It is the intent of the Nebraska Legislature through sections 48-1901 to 48-1910 to help in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee's rights. The State of Nebraska maintains a drug free workplace program for its own employees.
Intoxication Defense – Denial of Workers Compensation Claim - 48-102. Employer's liability; negligence; action; defenses denied. "In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence of a fellow employee; or (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished."
48-127. Compensation; willful negligence; intoxication; effect. "If the employee is injured by reason of his or her intentional willful negligence, or by reason of being in a state of intoxication, neither he nor she nor his or her beneficiaries shall receive any compensation under the Nebraska Workers'
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 Nebraska