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Summary of differences between federal and state regulations
Drug testing law
Nebraska’s drug testing law permits drug and alcohol testing provided certain technical procedures are followed. The law applies to employers with six or more employees as well as to state and local governmental entities.
A positive test result or refusing to be tested is grounds for disciplinary action including termination.
A positive drug test must be confirmed by gas chromatography-mass spectrometry or other approved scientific testing technique. It must be performed by a certified clinic, hospital, or laboratory. A positive alcohol screening must be confirmed by gas chromatography with a flame ionization detector or another approved technique. An employee may request confirmation of breath-testing results by a blood sample.
Except for breath test specimens, all specimens resulting in a positive test must be preserved for at least 180 days. A written record of the chain of custody must be maintained from the time of the specimen collection until the specimen is no longer required.
Privacy: Test results may be released to those who need to know the information for reasons connected with employment. The results shall not be released to the public unless required by law. The results may be released to the employee upon request.
Tampering: Tampering with a drug test specimen for the purpose of altering the results to determine the presence of drugs or alcohol is grounds for discipline. An employee who tampers with body fluids during or after the collection or analysis of the fluids for the purpose of altering the test results may be subjected to the same discipline as if the employee had refused to take a drug or alcohol test. Any person, including an employee, who tampers with a drug test is guilty of a misdemeanor.
Workers’ compensation
Nebraska’s workers’ compensation law denies benefits if the employee’s injuries were due to intoxication.
Unemployment compensation
Nebraska’s unemployment compensation law denies benefits to employees who are discharged for misconduct, which includes being under the influence of alcohol or a controlled substance not prescribed by a physician while at the worksite or while engaged in work.
State
Contacts
Regulations
Drug testing law
Nebraska Revised Statutes Article 19, Chapter 48, 48-1901 to -1910.
Workers’ compensation
Neb. Rev. Stat. Article 19, Chapter 48, §48-127
Also Neb. Rev. Stat. Art. 19, Chapter 48, §48-102
Unemployment compensation
Neb. Rev. Stat. Art. 19, Chapter 48, § 48-628(2)
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