Although there are only a few State restrictions in regards to Nevada employment drug testing, in accordance with the U.S. Court of Appeals for the 9th Circuit and §284-4061, drug testing should only be implemented either when public safety is concerned and/or for State personnel. Furthermore, private employers must not infringe upon their employees’ rights, and should be especially cautious not to commit acts which could be classified as discrimination, defamation, or an invasion of privacy. Therefore, while there are virtually no restrictions on private employers implementing a drug testing policy, they must be thoroughly justified in doing so. The employer also has the right to discipline or discharge an employee based on a positive drug test result or for being inebriated while working.
Is Certified Testing Required? Not specified.
Can Current Employees Be Tested? Yes, but only for public/State workers and when public safety is concerned.
Laws – §284-406 et seq.
What can be Tested? No restrictions for private employers. Only breath, blood, and urine are permitted for the testing of State personnel.
HOW TO CONDUCT A LEGAL DRUG TEST
Step 1 – While it is not required by the State, it would be pertinent to obtain each employee’s written permission via a Drug Test Release Form before conducting a test.
Step 2 – Once a sample has been taken from an employee, it should be sent to an independent laboratory for testing. On the Substance Abuse and Mental Health Association’s (SAMHSA) website you will find a list of all certified independent drug/alcohol labs in the USA.
Step 3 – Once a lab test has been completed, the employer will be sent the results. If an employer tests positive for drug/alcohol use, the employer has the right to pursue whatever course of action they see fit.