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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:

As of November 2016, medical marijuana is illegal in the state of Nebraska.

A Nebraska Medical Marijuana Initiative could have legalized the distribution and possession of cannabis for patients afflicted with debilitating medical condition as attested by a licensed medical doctor. Upon the approval of voters, this measure would have made the personal noncommercial cultivation of marijuana legal. However, this initiative did not make the general elections on November 8, 2016.

The Medical Cannabis Act (LB 643) of Sen. Tommy Garrett is comprehensive medical marijuana program.1In May 2015, this bill was passed by the senate on initial reading, but state procedure mandates at least 3 votes before the bill is sent to the governor. A second consideration of the legislation needed the support of at least 33 of the 49 senators, but on April 5, 2016, the Unicameral was blocked by a group of lawmakers from voting on the bill. Senators in favor of the bill fell three votes short required to break a filibuster and compel a vote on the medical cannabis bill.

Qualifying Medical Conditions

• Cancer

• Glaucoma

• HIV/AIDS

• Severe muscle spasm

• Multiple Sclerosis

• Cohn's disease

• Hepatitis C

• Lupus

• Huntington's disease

• Parkinson's disease

• Tourette's syndrome

• ALS

• Cachexia

Limitations

• A person under the influence of cannabis cannot operate any motor vehicle, motorboat, and aircraft.

• A person cannot bring and use medical cannabis in a school bus, in any correctional facility, grounds of any preschool, primary and secondary school.

• No one is allowed to smoke cannabis in any public place, and on any type of public transportation.

• A private health insurer or public medical assistance program is not obliged to reimburse a person for any costs related with his use of medical cannabis.

• There is nothing in this law that allows employees to use medical marijuana in the workplace.

Effects on Workplace Drug Testing

Based on existing state regulations, the passing of Medical Cannabis Act (LB 643) will not restrict an employer from requiring work applicants to undergo drug testing. As per current state regulations, an employee may be sanctioned, or even fired, if he refuses to undergo drug testing. Nebraska places no restrictions on an employer's right to require applicants to take drug tests.

Sources:

https://www.mpp.org/states/nebraska/

http://medicalmarijuana.procon.org/sourcefiles/nebraska-lb-643-2015.pdf

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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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