Nebraska's drug-testing law permits employers to set up alcohol and drug-testing programs provided the procedures ensure accuracy, privacy, and confidentiality. Nothing in the law requires employers to conduct testing. The law covers private employers with six or more employees and public sector employers (NE Rev. Stat. Sec. 48-1901et seq.).
Discipline. Employees who test positive for drug or alcohol use, refuse to submit to a drug or alcohol test, or tamper with a test specimen may be subject to disciplinary action, including discharge. In order to use test results as the basis for such action, employers must comply with the following testing standards:
• All initial positive test results must be confirmed.
• All employees subjected to breath-testing must be given the chance to request confirmation by a blood sample.
• All results must be kept confidential, except as required by law.