Workplace Drug Testing Laws in Alabama

Employment drug screening laws vary by state. Alabama offers employers a worker's comp discount to those who develop a drug-free workplace program. Health Street offers drug testing services for both individuals and employers in the state of Alabama. Simply register online or call (888) 378-2499 to order tests.

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Alabama Drug Testing Compliance

Alabama Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana

Recreational marijuana is illegal in Alabama. Therefore, employers are permitted to test their employees for cannabis as they do other substances.

Specimens Tested

According to Article 13: Drug-Free Workplace Program, employee drug testing laws in Alabama can be from any bodily substance that can show drugs or the metabolites of drugs. This includes tissue, blood, urine, and breath.

Conditional Alabama Drug Testing Laws

Drug Test Issue Remarks
Medical Marijuana
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Although the state of Alabama legalized medical marijuana, employers may still maintain drug-free workplace policies.
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Employers may discipline, fire, refuse to hire, or take adverse employment action against workers who use medical marijuana, whether or not they're under the influence.
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Employers may require employees to inform them if they hold a medical marijuana card.
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Employers in Alabama are not required to accommodate workers who use medical marijuana.
Random Testing
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In Alabama, random drug testing is allowed, as long as employees receive notice of the workplace drug policy at least 60 days in advance.
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Drug testing is also allowed when the employer has reasonable suspicion, after a workplace injury, for a fitness-for-duty exam, or after the employee completes a rehab program.
Workers Comp
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Employers in Alabama that are compliant with the voluntary law receive a 5 percent discount on worker comp.
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Employees can be denied compensation for injury or death that resulted from the employee being impaired by alcohol or illegal drugs.
Substances Screened Substances screened in Alabama include the following drugs and metabolites of these drugs: Cannabinoids, amphetamines, phencyclidine, methadone, opiates, cocaine, benzodiazepines, propoxyphene, methaqualone, barbiturates.
Testing for Alcohol
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Alcohol testing is permitted as long as employers follow United States DOT standards.
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A positive test for most jobs is a blood alcohol percentage of .08. For safety-sensitive jobs, a positive test is .04 percent.

Alabama Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Instant or POCT Testing POCT testing is not permitted under the voluntary law for employees receiving the worker's comp discount. It is allowed for employers that are working outside the voluntary law.
Laboratories Drug testing must be completed in CAP- or SAMHSA-certified labs.

Frequently Asked Questions

Do Alabama State employees get drug tested?

Depending on the employer, Alabama employee drug testing laws vary. Alabama drug tests may be given randomly, if there's reasonable suspicion, following a rehabilitation program, for a fitness-for-duty exam, or following a workplace injury.

What states have mandatory drug testing?

Some states mandate drug testing for government employees and/or those in safety-sensitive positions. Employers and employees must familiarize themselves with the laws in their state. States that have mandated drug testing requirements include Oklahoma, Hawaii, North Carolina, and Maine.

Random Alabama drug tests are allowed, if the employees receive the workplace drug testing policy at least 60 days in advance. This policy must also be posted at the workplace and positive results must be confirmed.

Other Services We Provide in Alabama

If you're looking for drug testing information related to a specific city in the state of Alabama, try taking a look at our Alabama clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.

We also offer Alabama Background Checks. For more information, visit our Alabama background check page.

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.

Citations

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"Drugfree Workplace Program Could Warrant WC Discount." Alabama Department of Labor, https://labor.alabama.gov/wc/drugfree.aspx
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"Article 13. Drug-Free Workplace Program - § 25-5-331. Definitions." Alabama Department of Labor, https://labor.alabama.gov/docs/law/wc_drug_free_law.pdf
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https://www.aclu.org/sites/default/files/field_document/testing_chart.pdf
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"2006 Alabama Code - Section 25-5-51 – Right to compensation for injuries or death; grounds for denial of compensation." Justia, https://law.justia.com/codes/alabama/2006/19360/25-5-51.html
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Wrady & Michel, LLC. "Can My Employer Subject Me to Random Drug Tests?" Wrady, Michel & King, 17 January 2019, https://www.wmalabamalaw.com/employment-law-blog/2019/january/can-my-employer-subject-me-to-random-drug-tests-/
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Goerke, Grant; Chierek Znosko, Jennifer; and Powell, Charles. "Alabama Legalizes Medical Marijuana While Allowing Employers Discretion as to Participating Workers." Littler Workplace Policy Institute, 26 May 2021, https://www.littler.com/publication-press/publication/alabama-legalizes-medical-marijuana-while-allowing-employers
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Fullmore, Miranda. "Five Things You Need To Know About Alabama's New Medical Marijuana Law." WBHM, 3 June 2021, https://wbhm.org/2021/five-things-you-need-to-know-about-alabamas-new-medical-marijuana-law/
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"Regulation." U.S. Department of Transportation, https://www.transportation.gov/regulations