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Indiana State Drug Testing Laws

Workplace Drug Testing Issues – Indiana 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 Indiana

Drug Testing Issue Status Comments
Instant or POCT Testing Allowed  
Drug Panels No restrictions  
Laboratory No certification required SAMHSA certified laboratory highly recommended
Medical Review Officer Not Required 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 is likely to have contributed to the incident.
Reasonable Suspicion No restrictions  
Oral Fluids No restrictions  
Hair Testing No restrictions  
Unemployment Denial Yes Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp Discount No  
Intoxication Defense Yes Workers’ Compensation intoxication defense to a claim exists, but not a rebuttable presumption.
Medical Marijuana No  
Recreational Marijuana No  
Report Driver DOT Positives No  
General Statute   None

State contractors for public works projects must conduct drug testing, including random testing. Other industries subject to required drug testing include mine workers, school bus drivers, and child care employers.

Intoxication Defense – Denial of Workers Compensation Claim – Indiana – Sec. 8. No compensation is allowed for an injury or death due to the employee’s knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work, or his knowing failure to perform any statutory duty.  The burden of proof is on the defendant.

Denial of Unemployment – Indiana – IC 22-4-15-1 Grounds for disqualification; modifications

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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