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Nebraska Drug Testing Compliance

Capital Lincoln Population 1,907,116
Largest city Omaha
Area 77,358 sq mi
Criminal rate 29 crimes /10,000 people Time Zone UTC −6/−5 Or UTC −7/−6

Nebraska Employee Background Check Laws

Nebraska

Legal status for workplace drug screening and alcohol testing

Our intent is to make Nebraska drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.

Nebraska is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing in this state must do so according to the statute, regulations, and court decision that apply. The law (481901 to 1910) does not require any employer to conduct drug or alcohol testing.

Nebraska’s drug testing law focuses primarily on how testing may be done. It does not address other aspects of a testing program such as who may be tested and when.

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 drug and alcohol testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Nebraska.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: All company employees are subject to drug testing and must comply with company policy.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: CLIA labs required for confirmation testing. Only qualified individuals or facilities will conduct tests for the company.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: All alcohol test confirmations will be conducted by a qualified breath test device and an operator who has been trained properly. If an employee tests positive for a breath test, he will be given the opportunity to have a confirmation blood test completed.

Did you know?

Q1. Can I do drug testing for my employees in Nebraska?

Correct! 

The law does NOT apply to any operation with less than 6 full or part-time employees at any one time. These laws do not refer to applicant testing.

Answer is “Yes”

Nebraska Drug & Alcohol Testing Laws

This law was enacted by unanimous vote in 1988, and was last amended in 2010. It is among the oldest such laws in the country. This law does not apply to employers that have fewer than 6 full-time and part-time employees at any one time.

Regulations under this law exist and focus on the qualification of individuals conducting breath alcohol testing (and blood in limited circumstances) and the equipment used for alcohol testing. A person performing a preliminary breath test for alcohol need not hold a permit, but those conducting confirmation do need state certification. Except for breath test specimens, all specimens which result in a finding of drugs or alcohol must be refrigerated and preserved in a sufficient quantity for retesting for a period of at least one hundred eighty (180) days.

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)

Update: November 2017

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.

Nebraska 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.

Nebraska personal and medical use of marijuana.

Medical Use: To-date, no official action has been taken by the state legislature, no voter initiatives have been put to a vote, and no court action on the subject has been taken.

Personal Use: To-date,  no official action has been taken by the state legislature, no voter initiatives have been put to a vote, and no court action on the subject has been taken.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: November 2017

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