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Nebraska State Drug Testing Laws

Workplace Drug Testing Issues – Nebraska 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 Nebraska

Drug Testing IssueStatusComments
Instant or POCT TestingNo restrictionsAll non-negative results must be confirmed at a certified lab.
Drug PanelsNo restrictions 
LaboratoryUse Certified LabsThe law requires all confirmations to be conducted at qualified lab facilities.
Medical Review OfficerNot requiredWhile the law does not require the use of an MRO, it is standard in the practice of workplace drug testing and strongly advised.
Random TestingNo restrictions 
Post-AccidentNo restrictionsDrug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.
Reasonable SuspicionNo restrictions 
Oral FluidsNo restrictions 
Hair TestingNo restrictions 
Unemployment DenialYes 
Workers Comp DiscountNo 
Intoxication DefenseYesThe burden of proof is on the employer.
Medical MarijuanaNo 
Recreational MarijuanaNo 
Report Driver DOT PositivesNo 
General Statute Employers wishing to conduct workplace drug testing must follow state rules – (48- 1901 to 1910)

The intent of the Nebraska Legislature through sections 48-1901 to 48-1910 is to help treat and eliminate drug and alcohol use and abuse in the workplace while protecting the employee’s rights. The State of Nebraska maintains a drug-free workplace program for its employees.

Intoxication Defense – Denial of Workers Compensation Claim – 48-102. Employer’s liability; negligence; action; defenses denied. “In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the negligence of a fellow employee caused the injury; or (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are now abolished.”

48-127. Compensation; willful negligence; intoxication; effect. “If the employee is injured because of their intentional, willful negligence, or because of being in a state of intoxication, neither he nor she nor his or her beneficiaries shall receive any compensation under the Nebraska Workers’ Compensation Act.”

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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