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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:

    Marijuana, medical or otherwise remains illegal in the state of Indiana. They have some of the stiffest penalties in all of the U.S. While some jurisdictions may offer drug diversion programs for first time offenders who have no criminal history1, in most other jurisdictions possession of even a single joint is a crime that can mean up to a year of incarceration AND a fine of up to $5000.2

    The Indiana General Assembly began the 2017 legislative session on January 3. Several marijuana policy reforms have already been filed. Senator Jim Tones has filed Senate Bill 15. Under this bill, Indiana would establish in-state access to CBD oil for patients with intractable epilepsy.

    A broader program is covered under Senate Bill 255 as penned by Senator Karen Tallian. This bill will establish a medical marijuana program that will permit patients (and their caregivers) who have been recommended by their physicians to use a certain quantity of marijuana for the treatment of their medical conditions. The same bill will create the DOME (Department of Marijuana Enforcement) to oversee the program. An advisory committee will review the effectiveness of the program and consider recommendations from DOME. Further, DOME will be authorized to grant research facility licenses to entities physically situated in the state.3

    Effects on Workplace Drug Testing With medical and recreational marijuana still illegal in the state, employers may reasonably assume status quo as far as state drug testing laws are concerned. Employees will still be expected to adhere to company drug-free workplace policies in the interest of preserving employee safety, performance and productivity in the workplace.

    Sources:

    http://statelaws.findlaw.com/indiana-law/indiana-marijuana-laws.html

    https://www.mpp.org/states/indiana/

    https://iga.in.gov/legislative/2017/bills/senate/255#document-a3e68bdb

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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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