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Drug-Free Workplace Policy and Program Template

Indiana Drug Testing Laws and Regulations

State: Indiana
Indiana Drug Testing Law:

The government of the State of Indiana works to minimize, if not totally eradicate, the use of illicit drugs among its constituents. In order to uphold the safety and well-being of everyone in the community, the state government established legislative provisions geared towards the reduction of drug use. Indiana drug testing and alcohol testing procedures in the workplace are guided by the statutes IC 22-9-5-24, 910 IAC 3-2-4 and the Drug-Free Workplace Act. The State of Indiana supports and promotes the federal government’s Drug-Free Workplace program. For employers, it is useful to check both the state and federal laws on drug and alcohol testing before implementing drug and alcohol policy to eliminate issues on litigation.

Statute of Order:

IC 22-9-5-24

910 IAC 3-2-4

Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)

Covered Employers:

All employers, public or private

Applicant Testing:

Required for candidates who are applying for safety-sensitive jobs. However, testing shall only be required after a conditional job offer has been made.

Employee Testing:

Required for employees holding safety-sensitive jobs. Employers can also test all employees according to the standards of the employers’ drug and alcohol policy.

Conditions and Methods:
  • Testing procedure must be in accordance with the provisions of the state and federal law.
  • Employers must ensure that their employees are fully aware of their drug and alcohol policy. This can be done by posting the notices in a conspicuous area of the workplace, distributing copies to each employee or dedicating a section in the employee handbook.
Important Bulletpoints:
  • State contractors for public works projects are required to conduct drug testing of their employees. Bids for projects must be accompanied by written certification of an annual drug testing plan, with a monthly random drug test for at least 2% of the contractor’s employees. Progressive disciplinary action or employee rehabilitation are also key components. Compliant collective bargaining agreements are allowed.
  • The standard tests include five substances namely cocaine, amphetamines, phencyclidine (PCP), tetrahydrocannabinol (THC), and opiates.
  • The costs of employer required medical testing in Indiana are to be paid by employers.
  • Mine workers may be subject to on-site testing or to a test at a medical facility for illegal use of drugs or for alcohol intoxication.
  • School bus drivers in Indiana must not have an addiction to narcotics. However, the applicable law does not explicitly require drug testing as a condition of employment despite a section requiring physical examination. Nevertheless, possession or consumption of a controlled substance or intoxicating liquor by school bus drivers within 6 hours of going to or being on duty is classified as a Class A misdemeanor.
  • Child care employers are also required to conduct drug and alcohol testing of their employees.
  • Medical Marijuana Law:

    Prescription and use of medical marijuana is not yet legal in the State of Indiana. However, there are serious discussion going on among state legislators and concerned groups regarding the benefits of medical marijuana.

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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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