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Summary of differences between federal and state regulations
Workers’ compensation
Nevada’s workers’ compensation law provides that workers’ compensation benefits may not be awarded when an injury occurred while the employee was in a state of intoxication or under the influence of a controlled or prohibited substance unless the employee can prove by clear and convincing evidence that intoxication or being under the influence of a controlled substance was not the proximate cause of the injury. Testing may be performed to determine the presence of drugs or alcohol. The laboratory that conducts the testing must be licensed. The results of the testing must be made available to an insurer or employer upon request, to the extent that doing so does not conflict with federal law.
State employees
Applicants for positions with the state which affect public safety are subject to a pre-employment drug screen. Employees of the state in positions affecting public safety are also subject to drug and alcohol testing. Employees who test positive for the first time may be referred to an employee assistance program. Employees may be disciplined or discharged for subsequent positive tests, for working under the influence, for refusal to test, or for possessing or using controlled substances or alcohol at work.
Marijuana testing
As of January 1, 2020, employers may not (with a few exceptions) deny employment to a prospective employee based on a positive drug test for marijuana.
This does not apply to an employee applying for a position:
- As a firefighter,
- As an emergency medical technician,
- Requiring the employee to operate a motor vehicle for which federal or state law requires the employee to submit to a screening test, or
- That, in the determination of the employer, could adversely affect the safety of others.
If an employer requires an employee to submit to a drug test within the first 30 days of employment, the employer must accept and give appropriate consideration to the results of an additional screening test submitted by the employee at the employee’s own expense.
These provisions do not apply if they are in conflict with an employment contract or collective bargaining agreement. In addition, they do not apply to a position funded by a federal grant.
State
ContactsNevada Division of Industrial Relations
Regulations
Workers’ compensation
Nev. Rev. Stat. Title 53, Chapter 616C, §616C.230
State employees
Nev. Rev. Stat. Title 23, Chapter 284, §284.406- .4069
Drug Testing - Marijuana
Nev. Rev. Stat. 613
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