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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. A positive test result, refusing to be tested, or tampering with a test specimen are all grounds for disciplinary action including termination. The law applies to employers with six or more employees and to state and local governments.
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