Drug and alcohol testing is an area governed by Nebraska state law. For some specific industries, workplace drug screening is mandated by federal law; however, drug testing for marijuana and other intoxicants can be instrumental in an employer's efforts to control abuse in the workplace, regardless of whether the employer is required to do so. Employers must also consider the value of programs for drug abuse rehabilitation and rehabilitation for abuse of other substances in assisting and retaining valuable employees. Drug Testing
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.
The Nebraska Fair Employment Practice Act prohibits employment practices that discriminate on the basis of certain classifications, including physical or mental disability (NE Rev. Stat. Sec. 48-1101et seq.). The law covers employers with 15 or more employees in 20 or more calendar weeks.
The Act specifically excludes from the definition of "disability" current illegal drug use when the individual acts on the basis of such use, as well as psychoactive substance disorders resulting from current illegal drug use. However, a person may be considered disabled if they have successfully completed a supervised drug rehabilitation program or have been otherwise successfully rehabilitated, and are no longer engaged in the illegal use of drugs, or if they are currently in a rehabilitation program.