Nevada Alcohol and Drugs laws & HR compliance analysis

Nevada Alcohol and Drugs: What you need to know

Some states have laws that regulate or prohibit drug testing in private sector workplaces, but Nevada does not have such a law. Private employers are therefore free to implement drug-testing programs at their own discretion. There is additional information on developing a program.
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State agencies. State law allows state agencies to test applicants and employees for drugs under certain limited circumstances and for safety-sensitive positions. Referral for counseling or treatment is authorized for an employee who tests positive. Discipline or discharge is authorized for subsequent positive findings, for workplace use, or for working under the influence (NV Rev. Stat. Sec. 284.406et seq.).
The U.S. Court of Appeals for the 9th Circuit has ruled that a city's preemployment drug testing policy violated the Fourth Amendment of the Constitution when it was applied to an applicant for a non-safety-sensitive position. The 9th Circuit--which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington--held that the city, as an employer, failed to articulate any special need to screen, without suspicion, the applicant for a library page position. The court held that the library page position was not a "safety-sensitive" position and, therefore, did not warrant preemployment drug screening without suspicion. According to the court, jobs are considered safety-sensitive if they involve work that may pose a great danger to the public, such as the operation of railway cars. This ruling, which applies only to government employers, prohibits suspicionless drug testing for positions that do not have an articulated safety-sensitive component (Lanier v. City of Woodburn, CV-04-01865-KI (9th Cir. ...

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