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Nevada Drug Testing Compliance

Capital Carson City Population 2,940,058
Largest city Las Vegas
Area 110,577 sq mi
Criminal rate 68 crimes /10,000 people Time Zone UTC−8/−7 or −7/−6

Nevada Employee Background Check Laws

Nevada

Legal status for workplace drug screening and alcohol testing

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

Nevada is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations, and court decision that apply. The mandatory rules focus on how to test (specifically the laboratories you will employ for your program). Testing is your choice, but there may be important federal rules to consider if you test.

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

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: There are specific laboratory requirements for employer drug screening programs that must be indicated in Nevada company policies.
Q2: Please choose a reason for drug and alcohol testing:
Yes - See Law section
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: No restrictions.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Company will test for illegal drugs and needs to be specified in company's general substance abuse testing policy.
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: Only a licensed or certified laboratory that is state certified.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Did you know?

Q1. Can I do a random testing for my employees in Nevada?

Correct!

There are no limitations currently for drug and alcohol testing in this state.

 Answer is “Yes”

Nevada Drug & Alcohol Testing Laws

A patchwork of laws makes it clear that any examination of excretions from the human body,  including urine, saliva, etc. must be conducted by a licensed and qualified laboratory. NCL Sec. 652.060, 652.155 & 616C.230(2)(b).  The policy and procedures for drug testing in this state must consider the laws related to sample testing . It is advisable to develop a policy, and perhaps more importantly, procedures that relate to specimen analysis, as specified in these state rules.

Effective January 1, 2020 this state will need to comply with a new law that prohibits the denial of employment if prospective employee has marijuana present in test result. Governor Sisolak singed AB132 into law on June 5, 2019 which amends Chapter 613 - Employment Practices. There are certain exceptions, of an employer from denying employment to a prospective employee because he/she has completed a drug screening test and has presence of marijuana. It is also stated if an employer requires an employee to complete a drug screening test within his/her first 30 days of employment, the employer is required to accept and give consideration to the results of an additional drug screening test which the employee completed at his/her own expense.

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: June 2019

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.

Nevada 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.

Nevada personal and medical use of marijuana.

Medical Use:  Companies will abide by the requirements under the Nevada Medical Marijuana law approved by 65% of the voters in 2000. In sec. 453A.800 of the law requires employers to attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not  pose a threat of harm or danger to persons or property or impose an undue hardship on the employer prohibit the employee from fulfilling any and all of his or her job responsibilities.

Personal Use: On November 8, 2016,  The Nevada Marijuana Legalization Initiative, passed by a margin of 54.47%. and takes effect January 1, 2017. It was designed to allow adults aged 21 or older to possess, consume, and cultivate some marijuana for recreational purposes.
“The measure authorized the operation of marijuana establishments. It authorized the Nevada Department of Taxation to regulate them. The measure mandated that for the first 18 months of licensing, the Department of Taxation would only accept license applications for marijuana stores, production facilities, and cultivation facilities from registered medical marijuana establishments. During the same time period, only registered wholesale liquor dealers would be permitted to apply for marijuana distributor licenses.”
“This will prohibit marijuana establishments within 1,000 feet of a school or 300 feet of a community facility. It also set limits on the number of retail marijuana stores permissible in each county based on the county's population size

 

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

Update: June 2019

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

There are no no known court cases in the workplace.

N/A

N/A

N/A

Update: November 2017

TO PAGETOP