In the United States, there are many approaches to employment drug testing. The Drug-Free Workplace Act of 1988 covers federal employees. However, the situation is more complicated for employees in the private sector. For private employees, employment drug testing regulations vary from state to state. Employers must stay up-to-date on state drug testing laws, as these laws are constantly evolving.
In this blog post (infographic included), I will explain everything new employees need to know about employment drug tests.
Drug Abuse and Employment Drug Tests
The following discussion about employment drug testing. Laws need context from the original development of drug abuse regulation. The leading abused substance statistics for each state develop a profile of specific drug abuse challenges facing individual regions. The state of Louisiana together with Arkansas along with Alaska ranks among the 15 states where people abuse opioids the most. The majority of substance abuse occurs through alcohol consumption in North Dakota, South Dakota, and Wisconsin. The top drug substances that cause abuse in Washington and Oregon and in Idaho constitute hallucinogens. The drug lists in various states vary between heroin, cocaine, methamphetamine and pain relievers alongside other substances.
Additionally, the legalization of marijuana has changed the playing field for many states. In 2012, recreational marijuana was only legal in Colorado and Washington. In 2024, recreational marijuana was legal in 19 more states and Washington DC. This marked increase has influenced how states approach drug usage. Additionally, marijuana has been legalized for medical use in 38 states and Washington DC.
The increasing legalization of marijuana has corresponded with a 45.2% increase in positive marijuana tests in the last 5 years. This is a concern for those in safety-sensitive workplaces, as recreational marijuana laws and increased positive marijuana tests are associated with a 10% increase in workplace injuries for workers aged 20 to 34 years old.
Employment Drug Testing in Different Stats
With this context in mind, it makes sense that states approach drug laws differently. When it comes to drug testing laws, 35 states allow for testing with caveats and five states permit testing without caveats. 11 states do not yet have state laws regarding drug testing. These laws are constantly under revision; for instance, in 2024, over 500 bills regarding drug testing were introduced.
In states where drug testing is legal, drug tests administered due to reasonable suspicion have a 39% positivity rate. Tests administered post-accident have a 10% positivity rate, whereas follow-up tests have a 9% positivity rate. The states with the most positive drug tests are Alabama, Louisiana and Maine. Unfortunately, there has also been an increase in cheating on drug tests, which can skew positivity rates. In fact, between 2022 and 2023, there was a six times increase in tampered test samples.
Increased instances of cheating have led some states to crack down on tampered tests. Currently, 10 states have anti-cheating laws in place. These policies incorporate detailed check-in times, adulterant tests, dilution detection and more. If cheating continues to proliferate drug tests, more states may develop anti-cheating policies.
Before administering tests, employers must be knowledgeable about the drug testing laws in their state. It is important to continue to learn about these laws, as they will continue to evolve in step with changing drug usage patterns.
Source: USDrugTestCenters.com
