...
Summary of differences between federal and state regulations
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.
Unemployment compensation
Indiana’s unemployment compensation law provides that an employee who is discharged for “just cause” will receive reduced unemployment compensation benefits. “Just cause” includes reporting to work under the influence of alcohol or drugs, or consuming alcohol or drugs on the employer’s premises during work hours.
Workers' compensation
The Indiana workers’ compensation law provides for denial of workers’ compensation benefits to employees whose injury or death was caused by intoxication.
State
Contacts
Regulations
Indiana Employment Discrimination Law
Indiana Code §22-9-5-24
Indiana Code §22-9-5-6
Unemployment compensation
Indiana Code § 22-4-15-1(d)
Workers’ compensation
Indiana Code §22-3-2-8, §22-3-7-21
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
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
Guidance document