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Drug-Free Workplace Policy and Program Template

Nebraska Drug Testing Laws and Regulations

State: Nebraska
Statute of Order: Neb. Rev. Stat. ยง48-1901 et seq.
Covered Employers: Private employers with six or more employees; public employers.
Applicant Testing: Applicant testing is not subject to restriction.
Employee Testing: Employee testing is authorized without restriction. Discipline or discharge is authorized after a confirming positive test or refusal to submit to test. The state of Nebraska allows employers to demand employees to take drug tests. There is no special circumstance wherein an employer requires employees to take drug test. In this connection, an employer can take action against or even fire an employee if he (employee) tampers with specimen; refuses to take a drug test or in the event that the employee’s drug test is positive as confirmed in an authorized laboratory or hospital.
Conditions & Methods: Confirming test in case of positive findings, option for blood test after positive breath test, and methods to ensure confidentiality of test findings.
Important Bulletpoints:
  • Employers must pay for the costs of medical examination that is required by the employer to any applicant as a condition of employment. Violations of this provision constitute a Class V misdemeanor per individual offense.
  • Confirmatory tests conducted by a certified laboratory in compliance with the federal Clinical Laboratories Improvement Act is required before any adverse employment action can be taken by the employer versus an employee in the case of a positive test result.
  • The act of altering or tampering with the results of drug or alcohol tests is regarded as a Class I misdemeanor and is a ground for disciplinary action including termination of employment. An employee’s refusal to test is also a ground for discontinuation of employment.
  • Workers’ compensation and unemployment benefits may be denied of an employee if the circumstances for the claim are due to intoxication or being under the influence of a controlled substance.
  • Employees and job applicants have legal claims regarding drug test: who was tested; how the test was conducted and how drug test results were used.
Medical Marijuana Law: The state of Nebraska has no legislature for the medical use of marijuana. Nebraska lawmakers were not able to introduce and initiate legislation which would allow those with debilitating illnesses to use and safely buy or cultivate medical marijuana. A group that calls itself Nebraska for Cannabis is targeting the Nebraska Unicameral Legislature for the legalization of medical marijuana. The petition aims to allow the use of medical marijuana in Nebraska; charge fees for persons who want a medical card or pass; immunity for medical marijuana dispensaries and so on. On the other hand, Nebraska have decriminalized the possession of marijuana for personal use. Possession of an ounce of marijuana is considered a civil infraction and merits a $300 fine (first offense), $400 fine and 5 days jail time (second offense) and $500 and 7 days in jail for third offense. Possession of an ounce of marijuana is considered a misdemeanor in Nebraska
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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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