Ohio employers are permitted to conduct drug tests on their employees and job applicants if prior notification is given. However, in order for the test to be justified, the employee in question must be reasonably suspected of drug use, have been involved in an accident, be a new hire, or be a recovering addict. For job applicants, a job offer must already have been made and notice given before demanding a drug test. Employers have the option to enroll in the Drug-Free Safety Program (DFSP) in order to benefit from workers’ compensation rebates by creating an approved drug-free workplace policy, education, training, and the creation of a drug and alcohol testing panel. For greater benefits, employers must mandate random annual drug testing of at least 15% of their employees and commit to terminating any employees that test positive. Except in the case of an employee requested test, employers must pay for all drug testing procedures.

Laws – §4123-17-58§123:1-76-01

Is Certified Testing Required? Yes.

Can employees be tested? Yes, under the following circumstances:

  • Reasonable suspicion of drug use
  • After an accident
  • For new hires
  • For recovering addicts

What can be Tested? The permitted types of physical samples for employment testing are: urine for drug testing and breath, blood, or saliva for alcohol testing.

How To Conduct a Legal Drug Test

Step 1 – Before performing a drug test, an employer must inform their employee of their policy regarding drug use and drug testing. The employee’s written authorization can be obtained by having them complete the Drug Test Release Form. Assuming that the employee has been given sufficient notice, an approved sample may be taken for testing.

Step 2 – Once the appropriate physical sample has been taken from the employee, it must be sent to a Substance Abuse and Mental Health Association’s (SAMHSA) certified laboratory. A complete list of laboratories that are approved by the SAMHSA can be found on this website.

Step 3 – Once the test result has been obtained, the employer has the right to dismiss their employee in the instance of a positive result.