Workplace Drug Testing Laws in Nebraska
Workplace drug testing laws in Nebraska cover employers cover public sector employers and private companies with at least six employees. Employers can (but are not required to) set up workplace drug testing policies. Nebraska drug testing compliance requires drug testing to be accurate and confidential, and without discrimination (NE Rev. Stat. Sec. 48-1101 et. seq.)
Employers in Nebraska must become familiar with Nebraska drug testing compliance as well as federal drug testing laws. Safety- and security-sensitive industries, and federal contractor positions must comply with federal drug testing legislation. Federal laws aim to eliminate substance abuse in the workplace while protecting the rights of employees. Employers in these industries have limits to drug testing and taking adverse employment actions.
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Nebraska Drug Testing Compliance
Nebraska Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Recreational marijuana is illegal in Nebraska. Therefore, employers may freely screen for it alongside other substances. |
| Medical Marijuana |
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Medical marijuana is not permitted in Nebraska.
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There are no specific workplace drug testing laws in Nebraska regarding medical marijuana.
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| Instant or POCT Testing | There are no employment drug screening laws in Nebraska that specify instant or POCT testing. |
| Random Testing | Nebraska drug testing legislation does not address random drug testing. |
| Specimens Tested | Workplace drug testing laws in Nebraska do not specify which specimens to test. |
| Substances Screened | The substances screened for drug testing in Nebraska are not specified under the state's employee drug testing laws. |
Conditional Nebraska Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Workers Comp |
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Employees are not considered negligent for an accident or injury in the workplace unless they were intoxicated at the time of the incident.
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If the employee was intoxicated at the time of the accident, the employee (and beneficiaries of the employee) receive no worker's compensation.
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| Laboratories | Positive drug tests must be confirmed by a hospital, clinic, or certified laboratory. |
| Testing for Alcohol |
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Employers may test for alcohol. A permit is not required for preliminary breath testing.
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Positive tests must be confirmed with a licensed breath-testing-device operator.
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Employees must be able to request blood testing to confirm a positive breath test.
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Frequently Asked Questions
What does Nebraska drug test for?
Nebraska drug testing compliance laws do not specify what employers in the state can and cannot test for. Nebraska employers must familiarize themselves with both state and federal laws and develop clear workplace policies. In Nebraska, drug tests must be performed privately, accurately, and confidentially, and without discrimination.
Other Services We Provide in Nebraska
If you're looking for drug testing information related to a specific city in the state of Nebraska, try taking a look at our Nebraska clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Nebraska Background Checks. For more information, visit our Nebraska 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.