Federal & State Regulations | Drug testing - Alabama | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

Workers’ compensation

Alabama law provides for a five percent discount on workers’ compensation premiums for employers who establish a drug-free workplace program in compliance with the Workers' Compensation Premium Discount Act. The law requires that a program contain a written drug-free workplace policy statement, a substance abuse testing program, and provisions for an employee assistance program. The program requires one hour of employee training semi-annually and two hours of supervisor training. The act allows for pre-employment, random, and reasonable suspicion testing, as well as follow-up testing after rehabilitation, testing as part of a fitness-for-duty exam, and post-accident testing.

The law allows for denial of workers’ compensation benefits following a confirmed positive drug test or a refusal to test.

Unemployment compensation

Workers will be disqualified for testing positive for illegal drugs after being warned of possible dismissal, for refusing to undergo drug testing, or for knowingly altering a blood or urine specimen.

State

Contacts

Alabama Department of Labor

Regulations

Workers’ compensation

The Code of Alabama, Title 25, Chapter 5, Article 13, Drug-free Workplace Program, Sections §25-5-330 to 25-5-340 Title 25, Chapter 5, Article 3, Elective Compensation Under Contract of Employment, §25-5-51.

Unemployment compensation

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

Federal

Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.

Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.

Contacts

Drug testing rules

U.S. Department of Transportation

U.S. Department of Labor

Regulations

DOT drug testing rules

49 CFR Part 40

49 CFR Part 382

Drug-Free Workplace Act of 1988

United States Code at 41 U.S.C. 81

29 CFR 1904.36

Guidance document