If your employer or prospective employer in Ohio has asked you to take a drug test, you’ll want to know your legal rights. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit -- drug tests. For the most part, this area is regulated by state and local laws.
Like a number of other states, Ohio has a drug-free workplace program regulating drug testing. Employers who establish such a program can qualify for a discount on their workers’ compensation insurance premiums. However, employers must follow the state’s rules to get their discount.
Under Ohio law, an employer who wants the workers’ compensation discount must drug test employees and applicants, in some circumstances. Employers may qualify for a deeper discount if they also perform random testing and commit to helping employees with rehabilitation.
Ohio employers are allowed to drug test applicants and new hires.
Ohio employers are authorized to drug test employees in a variety of circumstances, including:
Employers who drug test must have employee assistance program (EAP) resources, employee education, and supervisor training.
Employers who want to qualify for a deeper discount must adopt a policy allowing for random testing of at least 15% of their workforce each year. Employers seeking the deeper discount must also commit not to terminate an employee for a first positive test, who comes forward voluntarily to acknowledge a substance abuse problem, or who is referred by a supervisor for an assessment.
Even though Ohio law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: