The state of Ohio incorporates drug testing into its workplace drug policies. Employers in Ohio are allowed to require employees to submit to drug tests as a condition of employment. The state also permits employers to conduct random drug testing of employees as long as they comply with ohio drug test laws.
There are some restrictions on workplace drug testing in Ohio. For example, employers cannot require employees to take a drug test as a condition of their initial job offer. And, employers must give employees at least 24 hours’ notice before requiring them to submit to a drug test.
Ohio law does not specifically address the issue of marijuana use and workplace drug testing. However, given that marijuana is still illegal under federal law, employers in Ohio are likely within their rights to prohibit use of the drug and require employees to submit to drug tests.
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Ohio Drug Testing Laws Without Restrictions
There are no specific laws in Ohio that restrict workplace drug testing. For the most part, employers are free to implement drug testing policies as they see fit, as long as they comply with general state and federal employment laws.
That said, there are some important exceptions to consider. First, employers cannot require employees to take a drug test as a condition of their initial job offer. This means that an employer cannot make an offer of employment contingent on the results of a drug test.
However, after an employee has accepted a job offer and started working, employers are generally allowed to require employees to submit to drug tests.
Recreational Marijuana
The Ohio State Senate recently introduced a bill to legalize recreational marijuana use, but as of now, law in Ohio prohibits such usage. As a result, there are no limits on the actions that businesses may take in order to check for marijuana usage among employees and applicants.
Medical Marijuana
Despite the fact that Ohio legislators passed legislation in 2016 legalizing medical marijuana use, employers may still prohibit employees from using marijuana.
Random Testing
In Ohio, organizations are allowed to conduct random drug and alcohol testing if the details have been specified in the organization’s drug-free workplace policy.
Substances Screened
Any drug on the federal narcotic control list, which includes all Schedules I through V controlled substances, can be tested under Ohio’s drug testing laws.
Testing for Alcohol
Legislation in Ohio permits alcohol testing as part of an organization’s drug-free workplace policy.
Conditional Ohio Drug Testing Laws
The state of Ohio permits employers to drug test employees as a condition of employment. However, there are some conditions that must be met in order for an employer to require an employee to submit to a drug test.
Specimens Tested
In Ohio, workplace drug testing regulations state that urine is to be taken for drug testing and breath is used for alcohol testing.
Workers Comp
Employers may perform drug and alcohol testing under Ohio Rev. Code Ann. 4123.54, but they are advised to review the legislation to ensure compliance with substance cutoff levels established by the Department of Health and Human Services.
Ohio Drug Testing Laws with Restrictions
The following is a list of restrictions on workplace drug testing in Ohio:
Instant or POCT Testing
According to Ohio drug testing compliance laws, drug screenings must be completed in a certified testing laboratory. This could be either a state-certified facility or one that is federally regulated. Employers in Ohio are prohibited from administering POCT or instant drug testing devices.
Laboratories
Workplace drug testing laws in Ohio require drug testing laboratories to be federally certified by the Substance Abuse and Mental Health Services Administration (SAMHSA).
FAQ
Can an employer in Ohio require employees to submit to drug tests?
Yes, employers in Ohio are generally allowed to require employees to submit to drug tests. However, there are some exceptions, such as for job applicants who have not yet accepted a job offer. This means that an employer cannot make an offer of employment contingent on the results of a drug test.
Can employers in Ohio drug test employees for marijuana?
Yes, even though medical marijuana is legal in Ohio, employers are still allowed to prohibit employees from using marijuana. The substance is considered a Schedule I drug under federal law.
What is the procedure for conducting a drug test in Ohio?
There is no set procedure for conducting a drug test in Ohio, but employers are advised to review the legislation to ensure compliance with substance cutoff levels established by the Department of Health and Human Services. Specimens for drug testing must be taken in a certified testing laboratory. This could be either a state-certified facility or one that is federally regulated. Employers in Ohio are prohibited from administering POCT or instant drug testing devices.
What drugs can be tested for under Ohio’s drug testing laws?
Any drug on the federal narcotic control list, which includes all Schedules I through V controlled substances, can be tested under Ohio’s drug testing laws. This includes marijuana, even though it is legal for medical use in Ohio. Other drugs that could be tested for include cocaine, heroin, and methamphetamine.
Can an employer in Ohio require employees to submit to alcohol tests?
Yes, employers in Ohio are allowed to require employees to submit to alcohol tests as part of a drug-free workplace policy. However, there are some restrictions on how these tests can be conducted. For example, specimens for alcohol testing must be taken by breath and not by blood. Employers are also advised to review the legislation to ensure compliance with substance cutoff levels established by the Department of Health and Human Services.
Are there any special considerations for DOT-regulated employers in Ohio?
DOT-regulated employers in Ohio must follow the guidelines set forth by the DOT. This includes complying with49 CFR Part 40, which outlines the procedures for conducting drug and alcohol tests. Employers who are subject to both DOT and non-DOT regulations must follow the more stringent of the two sets of guidelines.