Drug-free workplace - Alabama

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Workers’ Compensation

Alabama law provides for a five percent discount in workers’ compensation premiums to employers who establish a drug-free workplace program in compliance with the Worker’s Compensation Premium Discount Act. The Act allows for pre-employment testing, random, reasonable suspicion, and follow-up testing after rehabilitation, as part of a fitness-for-duty exam, and post-accident. The law allows for denial of workers’ compensation benefits following a confirmed positive drug test or a refusal to test.

State

Contacts

Alabama Department of Industrial Relations

Regulations

The Code of Alabama, Title 25, §25-4-78

Federal

Contacts

Drug-Free Workplace Act

U.S. Department of Labor

Drug Testing Rules

U.S. Department of Transportation

Regulations

Drug-Free Workplace Act Of 1988

United States Code at 41 U.S.C. 8101-8106

DOT Drug Testing Rules

49 CFR Part 40

49 CFR Part 382