Indiana employment drug testing laws are geared specifically towards job positions relating to public works, mine workers, school bus drivers, and child care employers. All other employers are encouraged to implement a drug-free workplace program, but State law does not make it a requirement nor does it place many restrictions on the procedures. Applicants who are applying for safety-sensitive jobs, as mentioned above, will be tested after a conditional job offer has been made. Applicants and employees must be made aware of a drug-testing program in the form of a written policy.

Can Current Employees be Tested? Yes, employees who hold safety-sensitive jobs must be tested.

Is Certified Testing Required? No, but SAMHSA certified labs are highly recommended.

Laws § 22-9-5-24 (Labor and Safety)USC § 8102 (Federal Drug Free Workplace Act) 

What Can be Tested? No restrictions.

How to Conduct a Legal Drug Test

Step 1 – Although it isn’t mandatory, employers may choose to have applicants/employees sign a Drug Test Release Form to provide consent.

Step 2 – All specimens are permitted when collecting samples from applicants/employees for a drug test. Samples need not be collected by a professional or Medical Review Officer, but this practice is strongly advised.

Step 3 – The testing of the collected samples should, but is not required to be tested at a SAMHSA (Substance Abuse and Mental Health Services Administration) certified laboratory.

Step 4 – Individuals who test positive for drugs/alcohol shall be terminated and may be denied a workers’ compensation claim or unemployment benefits.