Drug and Alcohol Use, Abuse, and Testing in the Workplace

by Practical Law Labor & Employment

A Practice Note on drug and alcohol use, abuse, and testing in the workplace, focusing on compliance with federal laws such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). This document explores how employers can maintain a drug-free workplace while adhering to ADA regulations, which protect recovering addicts and alcoholics from discrimination. It highlights the distinction between alcohol and illegal drug testing under the ADA. The document also addresses the implications of state laws, which may impose additional requirements or provide incentives for drug-free policies. It discusses reasonable accommodations for disabilities related to substance use and the impact of marijuana legalization on workplace policies. Employers are advised to consult state laws and consider best practices for creating effective drug-free workplace programs, ensuring compliance with both federal and state regulations. This Note applies only to private employers that are not subject to the Drug-Free Workplace Act of 1988. It addresses federal law. State or local law may impose additional or different requirements, but this document is useful and relevant to employers in every state.