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Drug-Free Workplace Policy and Program Template

Alabama Drug Testing Laws and Regulations

State: Alabama
Statute of Order: Alabama Code ยง25-5-330 et seq.
Covered Employers: All employers.
Applicant Testing: Testing is authorized after applicant is given notice of drug-testing policy and a conditional offer of employment.
Employee Testing: Testing is authorized, including random testing and testing on reasonable suspicion, as part of fitness-for-duty exam, after on- the-job injury, or as follow-up to a rehabilitation program. Employees must receive 60 days' advance notice of testing policy, which must be conspicuously posted.
Conditions & Methods: Confirming test in case of positive result. Opportunity to contest or explain positive test within five days of receiving results.
Important Bulletpoints:
  • All costs of required drug testing and confirmation are to be paid by the employer. Any additional costs (i.e. retesting) not required by the employer are payable by the employee or job applicant.

  • Limited testing of job applicants are allowed under the program subject to reasonable classifications of job positions.

  • There are no prohibitions on random testing and other lawful testing procedures.
  • There are no limits to disciplinary action in the case of positive confirmed test results. Employer’s policy must specify any such action which may include ineligibility to workers’ compensation and unemployment benefits.
  • An employer may provide an employee assistance program. If the employer does not provide an employee assistance program, a resource file of employee assistance providers must be maintained. Information and access to such programs and resources must be made known to employees.
  • The employer must provide an education program on substance abuse in general and particularly its effects on the workplace. The education program shall be conducted semi-annually and shall run for one hour. Supervisors shall have an additional 2 hours of training which includes, but is not limited to recognizing signs of employee substance abuse and the actions that may be taken.
  • Collection of specimen must be conducted privately, hygienically and properly labeled to avoid adulteration. Only qualified and approved medical personnel/laboratory must conduct the collection and actual drug tests.
  • An employer has every right to formulate his own company rulings regarding employee use, possession, solicitation or sale of drugs including imprisonment for drug related felony.
  • All test results, information, reports, interviews, statements and such received by the employer from a drug testing laboratory are deemed confidential but may be used in administrative and civil proceedings.
Medical Marijuana Law: Under existing laws, the state of Alabama prohibits the use and possession of marijuana. HB2, which is the medical marijuana bill and HB 550, which is the Alabama Cannabis and Hemp Reform Act of 2013. These were vetoed by the Alabama House of Representative in the first quarter of 2013. HB2 would have legalized the use of medical marijuana for qualified patients as recommended by medical doctors. HB550 would have legalized the possession of up to an ounce of marijuana for adults 21 and above, and allow for the cultivation of up to 12 plants of marijuana in a secured location. In a poll conducted in 2004 by the University of South Alabama, it was found that 75% of respondents are in favor of legalizing marijuana for medical use. The two bills were sponsored by Rep. Patricia Todd and advocates are hoping that the two bills will be passed in 2014.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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