Rhode Island Memo to All Employees Regarding Drug Testing
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FAQ
Of the four states, only Rhode Island has a state law on employee drug testing. Rhode Island's law expressly bars pre-employment drug testing for prospective teachers, as well as most other applicants for state and municipal employment.
Under North Carolina law, employers may require a urine, blood, hair, or oral fluid drug test. The employer must provide written notice to the employee or the applicant of their rights prior to the examination.
Most importantly, if you fail a drug test at work in North Carolina, this act gives you the right to a retest at the same or another approved laboratory. Although your employer must cover the costs of the original test, you will be responsible for any costs associated with a retest.
Rhode Island State law is very restrictive on drug testing. A comprehensive policy is required. These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
Random tests. (a) No employer may require an employee to submit to a urinalysis drug test unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee's job performance.
Although many states have passed laws regulating or restricting an employer's right to require drug testing, Massachusetts has not. Massachusetts legislation does not address drug testing in private employment. However, the Massachusetts Supreme Court has issued a ruling on random drug testing in private employment.
A Rhode Island employer may require an employee to take a drug test only if there are reasonable grounds, based on specific, documented observations, to believe the employee may be under the influence of a controlled substance that is impairing job performance. Testing is not allowed in any other situation.
Anyone applying for a job and who fails a mandatory drug test is highly unlikely to get hired. If a company is spending money and taking the time to test a prospective employee for drugs, the chances they will ignore a failed test and hire anyway are slim.
Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.
