Nebraska employment drug testing is permitted without restriction, and employers have the right to implement disciplinary actions, including termination, based on the results of such tests. Furthermore, if an employee refuses to participate in any lawful drug testing procedure, they may still be subject to disciplinary or administrative action by the employer. Although there are no restrictions on drug/alcohol testing in this State, employers must be careful not to infringe on any of their workers’ rights and, in order to avoid possible litigation, they must ensure that their testing does not discriminate in any way.
Is Certified Testing Required? Yes.
Can Current Employees Be Tested? Yes.
Laws – §48-1901-1910
What can be Tested? Body fluids and breath.
How To Conduct a Legal Drug Test
Step 1 – Although there is no State law that mandates that employers obtain their employee’s permission in order to conduct drug/alcohol testing, having employees fill out and sign a Drug Test Release Form before testing them may be prudent. Once an employee has been informed of the drug/alcohol test, a sample will need to be taken from them in order to be tested by a laboratory.
Step 2 – Samples must be sent to a certified lab for testing. Employers can consult the Substance Abuse and Mental Health Association’s (SAMHSA) website to find the certified lab that is most convenient for them.
Step 3 – Once the test results have been returned to the employer, if the test result is positive, they may pursue whichever course of disciplinary action they deem appropriate.