Federal and state laws allow most employers in Nebraska to test employees for drug use. An employer doesn’t even have to tell you in advance that the testing will take place. Fail a drug test and employers can fire you.
State and Federal Laws
Laws in Nebraska allow all public employers and private employers who have six or more employees to randomly test employees – and prospective employees – for drug use. The test analyzes an employee’s urine to detect the presence of drugs. Nebraska follows guidelines that The Department of Health and Human Services issued for how to test employees for drug use and what to do if results come back positive. Nebraska law does not require employers to test their employees.
If your urine tests positive, your employer can ask you to re-take the test. Usually, tests to confirm a positive result include a breath test and/or a blood test. State laws allow an employer to discipline and/or fire you if follow-up testing confirms positive test results or if you tamper with your sample or refuse to take the drug test.
Some Exceptions Apply
The Americans with Disability Act (ADA) limits the actions an employer can take if someone tests positive for drug use and is using prescribed medication to treat a medical condition. In the event that this occurs, let your employer know about the prescribed medication you take. Your employer must keep that information confidential. The ADA does not endorse, prohibit or authorize drug testing. It also does not override federal and state laws.
Employers must confirm positive test results before firing you. Follow-up testing must occur in a certified laboratory and must follow guidelines set by the federal Clinical Laboratories Improvement Act. Nebraska law requires employers to pay for initial and follow-up testing.
Employers must follow Nebraska guidelines for administering drug tests. They cannot single out employees to test because of race, gender or age. They also cannot create testing conditions that disregard an employee’s right to privacy, such as asking employees to provide samples in front of other employees. Employers must also keep the results of tests private.
- OHS Health and Safety Services: State Drug Testing Laws -- Nebraska
- American Civil Liberties Union: State-by-State Workplace Drug-Testing Laws -- Nebraska
- US Department of Health and Human Services: Mandatory Guidelines for Federal Workplace Drug-Testing Programs
- Nolo.com: Drug Testing in Nebraska
- US Equal Opportunity Commission: Americans with Disabilities Act -- Questions and Answers
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