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Ohio Drug Testing Compliance

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Ohio

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make drug screening compliance as simple as possible. you don’t have to be a constitutional law scholar to conduct workplace drug testing in Ohio.

Ohio is a “voluntary” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply (the rules).

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy from Ohio.
Q2: Please choose a reason for drug and alcohol testing:
No
Safety-sensitive only
No (but must have facts)
Yes
Limits
No
No (but see cautions below)
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions at this time
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions at this time
Q6: Is it required to use a Certified Laboratory?
A: Yes, SAMHSA-certified lab only
Q7: What types of specimens can we test for?
A: No restrictions at this time
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions at this time

Ohio Drug & Alcohol Testing Laws

Under Ohio law, employers are not required to permit or accommodate an employee's use, possession, or distribution of medical marijuana in or out of the workplace. Employers can refuse to hire, discharge, and discipline an individual because that individual uses medical marijuana. Employers can prohibit employees from being impaired by or under the influence of medical marijuana while at work. Employers should ensure that their substance abuse policy directly addresses how they intend to treat medical marijuana use both on and off duty.

 

 

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Do I have to test for marijuana?

Incorrect

 

Correct

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Ohio Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Ohio personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: The employee or potential employee must be a qualified user. Must be registered with the state, and received a recommendation from a physician. Medical Marijuana can be used in oils, edibles, and plant materials.

Personal Use: The law specifically provides that employers have the right to maintain a drug and alcohol-free workplace and does not require an employer to accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace. The law further states that it does not affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees or prevent employers from complying with state or federal law.

 

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Hill v National Collegiate Athletic Association, 7Cal. 4th 1, 865 P.2d 633 (CA S.Ct. 1994).
  1. CA Constitution Privacy Initiative applies to private parties.
  2. Interests must be balanced.

NCAA won.

The first case where CA Supreme Court interpreted the Privacy Initiative. Limits private employer action.

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