Drug-free workplace - Indiana

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.”

Indiana Employment Discrimination Law

An employer that has at least fifteen employees may prohibit the use of illegal drugs and alcohol at the workplace by all employees, may require that employees are not under the influence at work, and may require that employees conform to the federal Drug-Free Workplace Act. An employer may expect an employee who engages in illegal drug use or who is an alcoholic to abide by the same standards for job performance that other employees are held to, even if the poor performance is related to drug use or alcoholism. The Act neither encourages nor prohibits employers from conducting drug tests of job applicants or employees. This provision does not apply to private non-profit organizations.

State

Contacts

Indiana Department of Labor

Regulations

Indiana Employment Discrimination Law

Indiana Code §22-9-5-24  

Indiana Code §22-9-5-6 

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