Drug Testing Issue | Status | Comments |
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Instant or POCT Testing | Restricted | 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 | |
Laboratory | License 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 | Yes | Terminate for misconduct, address misconduct in drug free workplace policy. Violation of the drug free workplace policy is misconduct. |
Workers Comp Discount | No | |
Intoxication Defense | Yes | WC compensation not payable for an injury proximately caused by the employee's use of a controlled substance. |
Medical Marijuana | Yes | 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 | Yes | 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 | No | |
General Statute | -- | Nevada has no law addressing drug testing in private employment. |