Alabama’s drug testing laws (drug-free workplace program) state that the tests themselves are voluntary, and not all companies are required to perform them. Companies who comply with the drug-free workplace program receive a 5% discount on their workers’ compensation premiums. This program allows employers to conduct drug tests on employees and job applicants as long as they provide 60 days’ notice. Employers that implemented the drug-free workplace program before July 1st, 1996 are not required to provide 60 days’ notice. An employer must issue written policy statements to all employees/job applicants receiving a drug test.

Can Current Employees be Tested? Yes, employers have the authority to conduct drug tests under the following circumstances:

  • job applicants have been extended an offer of employment and have been made aware of the company’s drug-testing policy
  • employer has reasonable suspicion of drug use (basis of determination must be provided)
  • routine scheduled fitness-for-duty medical examination (established in employee’s policy)
  • employee caused/contributed to an on-the-job accident that resulted in a loss of work time
  • employee, having tested positive to a previous drug test, returns from rehabilitation or employee assistance program
  • random testing at the employer’s behest

An employee or job applicant may contest or explain the result of a positive drug test within five (5) working days after written notification of the results.

Is Certified Testing Required? Yes.

What can be Tested? Tissue, blood, breath, urine, or other product of human body that can reveal presence of drugs.

Laws – § 25-5-(330-340)

HOW TO CONDUCT A LEGAL DRUG TEST

Step 1 – Employees and job applicants must submit a Drug Test Release Form before employers can perform the test. According to Alabama law, one of the following samples can be taken from the individual to conduct the test:

  • Tissue
  • Blood
  • Breath
  • Urine
  • Other specimens (capable of revealing drug presence)

Step 2 – According to § 25-5-335(d), the sample must be tested in a SAMHSA- or CAP-certified lab. Select the preferred lab from the certified lab list posted on the SAMHSA website.

Step 3 – The employee/job applicant must be informed in writing of the test results within five (5) days after receipt of said results. If the results are positive, the employer must include consequences and available options for the employee/applicant. The employee/applicant is given five (5) working days to contest or explain the positive drug test.