Workplace drug testing issues – State Laws – Ohio
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workers compensation insurance discounts apply in Ohio with voluntary program, this chart reflects the requirements of the voluntary program – Ohio BWC Drug-Free Safety Program (DFSP)
For the voluntary Ohio drug free workplace law, instant drug testing or POCT testing is prohibited.
Workplace Drug Testing Laws in Ohio
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restricted||Not allowed for the voluntary drug testing law.|
|Drug Panels||Restricted||SAMHSA 5 panel plus other allowed: prescription medications such as oxycodone (expanded opiates test), barbiturates, benzodiazepines, methadone, and propoxyphene.|
|Laboratory||Restrictions||Must use SAMHSA certified laboratory|
|Medical Review Officer (MRO)||Required||Required for both positive and negative results|
|Random Testing||No Restrictions||Required for the advanced level program, extra savings on worker comp insurance|
|Post-Accident||No Restrictions||Folllow the Ohio Drug-Free Safety Program Guide|
|Reasonable Suspicion||No Restrictions|
|Oral Fluid Testing and Hair Follicle Testing||Restricted||Not allowed for the voluntary drug testing law.|
|Unemployment Denial||Yes||Ohio Code 4141.29 - Eligibility for benefits. Terminate for misconduct.|
|Workers Comp Discount||Yes||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||Yes||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|
|Report Driver DOT Positives||No||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.|
Unemployment Denial – Ohio Code 4141.29
Intoxication Defense – Ohio Code 4123.54
Intoxication Defense – Denial of Workers Compensation Claim – Ohio Revised Code Section 4123.54 provides that if, at the time of an on-the-job injury, an employee is intoxicated or under the influence of a controlled substance not prescribed by a physician, an injury can be declared to be not compensable. Ohio employers must follow the requirements of the voluntary program.
Marijuana – Ohio has a medical marijuana law. This does not mean that employers in Ohio cannot drug test or drug test for marijuana. Employers are not limited in any employment actions based on an employee’s medical marijuana use. A person who is discharged from employment because of that person’s use of medical marijuana shall be considered to have been discharged for just cause for purposes of [unemployment] if the person’s use of medical marijuana was in violation of an employer’s drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana.
Nothing in the Ohio medical marijuana law prohibits an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy. In fact in Ohio, the drug free workplace program is strongly encouraged by the Ohio Bureau of Workers’ Compensation. Qualifying employers can receive discounts on workers compensation insurance when implementing a comprehensive drug free workplace program.
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 Ohio