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.
Nevada update 01/21/2020
Pre-employment marijuana law went into effect January 1, 2020:
- Employers cannot fail or refuse to hire prospective employees because of marijuana metabolites in a drug test
- Includes limited protections for safety-sensitive industries
- This does not prohibit pre-employment testing for Federally mandated programs like for the US Department of transporation (DOT).
Visit our page on Marijuana Considerations & Laws – State by State
Workplace Drug Testing Laws in Nevada
|Drug Testing Issue||Status||Comments|
|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||Licensing 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.|
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