Many states have laws that regulate or prohibit drug testing in the private or public sector, but Indiana does not have such a law. Indiana employers are therefore free to implement testing policies at their own discretion.
Indiana law states that employers are free to:
• Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees.
• Require that employees not be under the influence of alcohol or engage in the illegal use of drugs at the workplace.
• Require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1998.
• Hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that they hold other employees, even if the unsatisfactory job performance or behavior is related to the drug use or alcoholism of the employee.
For purposes of Indiana's drug testing law, a test to determine the illegal use of drugs is not considered to be a medical examination (IN Code Sec. 22-9-5-24). There is more information on implementing a drug testing program available.
Tampering. Interfering with or attempting to interfere with a drug or alcohol screening test by using a device or substance, substituting a human bodily substance that is tested in a drug or alcohol screening test, or adulterating a substance used in a drug or alcohol screening test is a Class B misdemeanor. Knowingly or intentionally possessing a device or substance designed or intended to be used to interfere with a drug or alcohol screening test is also a Class B misdemeanor (IN Code Sec. 35-43-5-19).
All childcare providers, regardless of ...