Employment drug testing laws vary drastically by state, with federal employees and private employees covered differently. Additionally, each state follows its own unique legislation. Currently, only 5 states deem drug testing in the workplace as legal. Most states considering it legal but with caveats. In the past year, over 500 bills related to drug testing were introduced, demonstrating the rapid changes that are afoot.
Much of this legislation was introduced on the back of the legalization of marijuana. Although many states have legalized the substance recreationally and the majority have legalized it for medical use, there are still downsides to using this substance in the workplace. Over the past 5 years, positive marijuana tests have increased by 45.2%. This could have serious implications for those working in safety-sensitive industries. With a recent uptick in workplace injuries, there is an increased need for crackdowns on drug testing and tampering with tests.
Between 2022 and 2023 alone, there was a 6x increase in tampered test samples. This has led ten states and counting to implement anti-cheating policies for drug testing. Affected industries are also taking charge. One step is preparing their employees for the future of drug use culture and the normality of testing while at work.
Source: USDrugTestCenters.com