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Drug-Free Workplace Policy and Program Template

Ohio Drug Testing Laws and Regulations

State: Ohio
Statute of Order: Ohio Admin. Code ยง4123-17-58
Covered Employers: All employers.
Applicant Testing: Applicant testing is authorized with advance notice to applicant and after offer of employment has been made. An applicant who tests and confirmed positive will not be hired. He will be given the chance to explain his positive drug results. Applicant for a government job will not be hired for at least a year if he tests positive.
Employee Testing: Employee testing is 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. Laboratory personnel are to check each specimen package for evidence of tampering. The employer must have 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.
  • Employers aiming for bigger discount are enjoined to adopt a policy that calls for random testing of a minimum of 15% of their employees annually. These employers should be committed not to terminate an employee with a first-positive test results; who voluntarily admits his substance abuse trouble or has been referred for assessment by a supervisor.
  • Employees and job applicants have the right to question the legality of how their drug test was conducted; who was tested and the how the results of the drug test were used.
Medical Marijuana Law: The state of Ohio has a pending legislation to legalize the use of medical marijuana. HB 153 was introduced by Rep. Robert Hagan and received a hearing in May 2013. The thrust of the bill is for a registered primary caregiver, a registered qualifying patient and visiting qualifying patient to engage in the use of medical marijuana.
Applicability: In Ohio’s pending marijuana medical law, registered and visiting qualifying patient who use cannabis for medical purpose, registered primary caregiver, cardholder, physician and other persons who are authorized though the Revised Code.
Quantity Allowed: Not more than 200 grams of usable marijuana and 12 mature marijuana plants.
How Obtained: The qualifying patient and/or his registered primary caregiver may cultivate their own cannabis plant in a secure and registered area. Other means of procurement are not yet specified.
Liability Protection: Registered and visiting qualifying patient who use cannabis for medical purpose, registered primary caregiver, cardholder, physician and other persons who are authorized though the Revised Code are exempted from arrest, prosecution and civil/criminal penalty. Any property cannabis, related paraphernalia utilized in conjunction with the use of medical marijuana is exempted from being confiscated.
Statutory Requirements for Authorized Use: The Ohio Department of Health will verify all information in a patient’s application form, whether initial or renewal, for the issuance of a registry identification card. The health department has the prerogative to approve or deny application based on Chapter 119 of the Revised Code. A qualifying patient shall be issued a registry identification card five business days after application.
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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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