Workplace Drug Testing Laws in Indiana
Regarding Indiana workplace drug testing, Indiana is an "open" state. This means that there aren't specific drug and alcohol testing rules for private employers. There are no Indiana drug test laws that either require or prevent an employer from drug testing their employees. However, there are exceptions. Employers with workers that maintain a Commercial Driver's License (CDL) must be mindful of Indiana drug screening compliance, which includes pre-employment tests, random and reasonable suspicion screenings, as well as post-accident, return-to-duty and follow-up drug tests. The same holds true for employees in certain safety-sensitive industries, such as childcare workers, local law enforcement, Department of Transportation employees and contractors with the defense department.
Does the state of Indiana drug test employees? The Indiana State Personnel Department maintains its own workplace drug testing policy, and this includes specific protocols for drug screening. IN Code § 4-13-18-6 (2021) explicitly states drug testing regulations for employees of public works contractors. Federal and state employers should follow their agency's drug testing guidelines to ensure Indiana drug screening compliance.
Although there are no specific Indiana drug test laws for the private sector, employers that do decide to require workplace drug testing need to follow certain procedures, or they can run into legal issues. Any Indiana workplace drug testing program must comply with federal law, which prevents discrimination based on race, age, gender or disability. Federal law also protects the worker's right to privacy.
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Indiana Drug Testing Compliance
Indiana Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | The consumption of recreational marijuana is prohibited under current Indiana law. Due to marijuana being illegal in the state of Indiana, employers face no restrictions when conducting employee and applicant drug tests. |
| Medical Marijuana | Similar to recreational marijuana, the medical consumption of marijuana is currently prohibited under Indiana state law. Therefore, there are no workplace marijuana-restricted drug testing laws in Indiana. |
| Instant or POCT Testing | Under the current legislature, there are no Indiana drug testing compliance laws that prohibit an employer from using instant or POCT testing devices. |
| Random Testing |
There are currently no workplace drug testing laws in Indiana that restrict the use of random testing methods in the workplace. The state of Indiana maintains a drug-testing program that requires the random drug and alcohol testing of state employees who maintain a Commercial Driver's License (CDL). |
| Specimens Tested | Under Indiana law, there is no drug testing legislation that mandates what specific specimens can and cannot be collected for employee drug testing purposes. |
| Workers Comp | Indiana state legislation does not possess a workers' compensation provision that acknowledges drug testing. If post-incident drug testing of an employee is positive for controlled substances, Indiana Labor and Safety Code § 22-3-2-8 states that compensation is not allowed for instances of workplace intoxication. |
| Substances Screened | There are no workplace drug testing laws in Indiana that outline what specific substances can and cannot be tested for, though at minimum, a 5-panel drug test is always recommended to cover the most commonly used controlled substances. These substances include methamphetamine, cocaine, opiates, phencyclidine, and THC. |
| Laboratories | Under Indiana law, there are no employment drug screening laws that mandate specific laboratory requirements, though the use of a Substance Abuse and Mental Health Services Administration certified laboratory is always recommended. |
| Testing for Alcohol | No Indiana drug testing compliance laws are in place that prevent employers from conducting alcohol testing on employees. |
Other Services We Provide in Indiana
If you're looking for drug testing information related to a specific city in the state of Indiana, try taking a look at our Indiana clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Indiana Background Checks. For more information, visit our Indiana 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.