Workplace Drug Testing Issues – Nevada State Laws
These categories do not affect 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 the US Department of Transportation (DOT).
Workplace Drug Testing Laws in Nevada
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Restricted | The 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 liability exposure. Always required for DOT testing. |
| Random testing and reasonable suspicion testing | No Restrictions |
Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 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.