Ohio Drug Testing Laws and Regulations

State:	Ohio

Statute of Order:	Ohio Admin. Code §4123-17-58

Covered Employers:	All employers.

Applicant Testing:	Applicant testing authorized with advance notice to applicant and after offer of employment has been made.

Employee Testing:	Employee testing authorized on reasonable suspicion of substance abuse, for new hires, after an accident, and as follow-up to a treatment program.

Conditions & Methods:	Documentation showing chain of custody and confirming test in case of positive findings. A written policy statement.

Important Bulletpoints:	For complying with provisions of a Drug-Free Workplace Program, employers must pay for drug and alcohol testing. The only exception is for employee requested retests, which is at the employee’s expense unless the retest results come out negative. As such, the employer must pay for the cost of the retest. The key components of the Bureau’s Drug-Free Workplace Program includes a written compliant policy statement, employee education, supervisor training, a five-panel drug and alcohol testing consistent with federal standards, and an employee assistance plan or at the minimum a resource file whichever may be applicable. Post-accident chemical testing for employees must be administered within eight hours of the injury for alcohol concentration tests. For controlled substances, the qualifying test must be conducted within thirty two hours of the employee’s injury. State contractors working on public improvement projects as well as their subcontractors and lower-tier subcontractors are required to enroll and be in good standing with the Bureau of Workers’ Compensation’s Drug-Free Workplace Program or similar programs approved by the Bureau. Non-compliance results in a breach of contract which may cause the contractors and subcontractors in violation to be adversely evaluated for future contracts up to a period of five years. Administration of workers’ compensation may be adversely affected for testing positive or for refusal to submit to chemical testing provided that the employees were expressly notified in writing that the results of the test or refusal to undergo drug testing may affect the eligibility of the employee to receive benefits.

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Ohio Drug Testing Laws and Regulations

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