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Drug-Free Workplace Policy and Program Template

Nevada Drug Testing Laws and Regulations

State: Nevada
Statute of Order: Nev. Rev. Stat. ยง284-4061 et seq.
Covered Employers: State agencies.
Applicant Testing: Applicant testing authorized for jobs involving public safety.
Employee Testing: Employee testing authorized for jobs involving public safety. Referral for counseling or treatment authorized for employee testing positive. Discipline or discharge authorized for subsequent positive findings, for workplace use, or for working under the influence.
Conditions & Methods: Testing only by independent laboratory and confirming test in case of positive findings.
Important Bulletpoints:
  • Under Employment Practices particularly the section on Unlawful Employment Practices, testing for controlled substances or the presence of alcohol is differentiated from restricted genetic tests and are therefore permissible to be conducted in the workplace.
  • Nevada has provisions allowing for the medical use of marijuana but does not require employers to accommodate the medical use of marijuana in the workplace.
  • State employees may be required to undergo screening for alcohol and drug use particularly in cases of reasonable suspicion and for post-accident situations involving law enforcement officers resulting in bodily injury or substantial damage to property. Testing may be performed as well for pre-employment purposes for positions affecting public safety.
  • A person may become ineligible for unemployment benefits if he or she was discharged for misconduct from the last or previous to the last employment.
  • For the purposes of administering industrial insurance benefits, requested or ordered alcohol or drug testing must be performed only by licensed testing laboratories. Compensation may be denied if the proximate cause of the injury is due to intoxication or the use of a controlled substance.
  • Medical Marijuana Law: Rev. Stat. Section 453A (Supp. 2001)
    Applicability: Law applies to physicians, patients and caregivers.
    Quantity Allowed: Less than or equal to 1oz of usable Marijuana or 3 mature or 4 immature plants
    How Obtained: Growing is permitted through Department of Agriculture – may also grow to provide and establish a seed bank.
    Liability Protections: Physicians: protected from criminal prosecution when recommending Marijuana for medical use – written documentation required. Patients and Caregivers: have a affirmative defense if physician diagnosed and advised use of Medical Marijuana, explained the risks and benefits to patient and if within quantity permitted by statute.
    Statutory Requirements for Authorized Use: Written documentation from physician and Registry Card required. Physicians and patients must register with the Department of Agriculture. Documentation from attending physician must be updated annually.
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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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