Workplace Drug Testing Laws For Nebraska

Nebraska has established guidelines for employers wishing to conduct drug and alcohol testing in the workplace. These guidelines are laid out in the Nebraska Drug and Alcohol Testing in the Workplace Act, which can be found under the Nebraska Revised Statutes Neb. Rev. Stat. §§ 48-1901 to 48-1910. The Act prescribes the conditions under which employers can request or require tests, the types of tests allowed, and the procedures and rights associated with the testing process.

Marijuana in Nebraska: As of my last training data cut-off in January 2022, marijuana remains illegal in Nebraska for both medical and recreational use.

For further details, please refer to the Nebraska Legislature's official website.

Drug Testing Issue Status Comments
Instant or POCT Testing Not specified Adherence to the general Act's protocols is essential.
Drug Panels Not specified But must adhere to general testing protocols under the Act.
Laboratory SAMHSA-certified required As per Neb. Rev. Stat. § 48-1903(6)
Medical Review Officer (MRO) Required Defined under Neb. Rev. Stat. § 48-1903(7)
Random Testing Restricted Must adhere to guidelines in Neb. Rev. Stat. § 48-1906
Post-Accident Permitted With reasonable suspicion per the Act's guidelines.
Reasonable Suspicion Permitted Guidelines in Neb. Rev. Stat. § 48-1907
Oral Fluids Not specified Adherence to the general Act's protocols is crucial.
Hair Testing Not specified Adherence to the general Act's protocols is essential.
Unemployment Denial Possible Subject to individual case review under the Act.
Workers Comp Discount Not specified Intoxication can affect claims.
Intoxication Defense Permitted Intoxication as a direct cause can be a defense.
Medical Marijuana No Marijuana remains illegal in Nebraska.
Recreational Marijuana No Marijuana remains illegal in Nebraska.
Report Driver DOT Positives Subject to federal rules Adherence to federal DOT regulations is a must.
General Statute Nebraska Drug and Alcohol Testing in the Workplace Act Detailed under Neb. Rev. Stat. §§ 48-1901 to 48-1910.

In accordance with the Nebraska Drug and Alcohol Testing in the Workplace Act (Neb. Rev. Stat. §§ 48-1901 to 48-1910), employers in Nebraska should ensure that they follow all mandated guidelines when instituting and conducting drug testing. As marijuana remains illegal, employers should be particularly cautious about its use and the implications in the workplace. Regular consultation with legal experts is also advisable, especially given the changing landscape of marijuana laws.

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