Nevada has a state law that limits preemployment drug screenings for marijuana. Private employers are otherwise free to implement drug testing programs at their own discretion. There is additional information on developing a program.
Effective January 1, 2020, state law prohibits employers from refusing to hire a job applicant because he or she submitted to a screening test and the results indicate the presence of marijuana (AB 132, June 5, 2019). There are exceptions for positions:
• As a firefighter;
• As an emergency medical technician;
• That require an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
• That the employer determines could adversely affect the safety of others.
The law defines “screening test” to include a test of a person’s blood, urine, hair, or saliva to detect the general presence of a controlled substance or any other drug.
If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee has the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer must accept and give appropriate consideration to the results of the additional screening test.
The law does not apply:
• To the extent that it is inconsistent or otherwise in conflict with an employment contract or collective bargaining agreement;
• To the extent that it conflicts with federal law; or
• To an employment position funded by a federal grant.
State law allows state agencies to test applicants and employees for drugs under certain limited circumstances and for safety-sensitive ...