Rhode Island Drug Testing Laws and Regulations

State:	Rhode Island

Statute of Order:	R.I. Gen. Laws §28-6.5-1 et seq.

Covered Employers:	Public and private employers.

Applicant Testing:	Applicant testing authorized in the private sector after offer of employment has been made. In public sector, testing authorized for jobs involving public safety or when required by federal law.

Employee Testing:	Employee testing authorized on reasonable suspicion of substance abuse and in conjunction with rehabilitation program. Random testing prohibited.

Conditions & Methods:	Confirming test in case of positive findings, privacy for employee in collection of specimen, opportunity for employee to rebut test findings.

Important Bulletpoints:	Employers need to promulgate a drug abuse prevention policy that is in strict compliance with the provisions of the law. An employer who violates these provisions will be deemed guilty of a misdemeanor that carries a fine of up to $1,000 and/or a jail sentence of up to 1 year. There are no regulations particular to how initial testing may be performed but confirmation tests must always be performed by federally certified testing laboratories only. Employers requiring any physical examination as a condition of employment must pay for the cost of examination whether or not the prospective employee is hired. The cost of confirmation testing which may be done by an independent authorized laboratory at the employee’s request must also be at the employer’s expense. Pre-employment drug testing for State and municipal agencies or bureaus is mandatory and applicable only to law enforcement officers, correctional officers and firefighters as well as for positions that are required by federal regulations to undergo testing for substance abuse. Employment required drug testing is authorized only for reasonable grounds based on the employee’s job performance and observations of the employee’s appearance, behavior or speech that shows the use of controlled substance impairs the employee’s ability to perform the job. Employees who are initially tested positive for controlled substances may not be terminated by their employers but must rather be referred to a substance abuse professional for assistance. Follow-up testing may be required by the employer and if such tests indicate continued use of controlled substances, the employer may then proceed with terminating the employee.

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Rhode Island Drug Testing Laws and Regulations

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