Ohio has a drug-free workplace policy that permits companies to test workers and job candidates for drugs.
If your Ohio employer or potential employer has requested you to undergo a drug test, you should be aware of your legal options. Employer drug testing is subject to minimal restrictions under federal law: Although the federal government mandates employers in a few safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense) to conduct drug tests, federal law does not require – or ban – drug tests in other situations. This region is mostly governed by state and local regulations.
Ohio, like many other states, has a drug-free workplace policy that regulates drug testing. Employers that implement such a program may be eligible for a reduction in their workers’ compensation insurance rates. To get their discount, companies must fulfill the state’s requirements.
In certain cases, a company that wants the workers’ compensation discount must drug test employees and applicants, according to Ohio law. Employers may be eligible for a higher discount if they additionally conduct random testing and commit to assisting workers with recovery.
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Pre-Employment Drug Testing in Ohio
Employers in Ohio are permitted to drug test applicants and new workers.
Employee Drug Testing Laws in Ohio
Employers in Ohio are permitted to drug test their workers in a number of situations, including:
after a workplace accident based on reasonable suspicion, and when an employee returns to work following a positive test.
Employee assistance program (EAP) services, employee education, and supervisor training are required for employers that drug test.
Employers that wish to get a larger discount must have a program that allows for random testing of at least 15% of their staff each year. Employers desiring a deeper discount must also pledge to avoid terminating an employee for a first positive test, who comes forward willingly to admit to having a drug misuse issue, or who is recommended for an evaluation by a supervisor.
In Ohio, Can You Be Fired for Failing a Drug Test?
In most situations, failing a drug test may result in termination in Ohio. Even if you have a medical marijuana card and use marijuana to address a medical ailment, this is true.
Employers, on the other hand, must adhere to their own drug testing rules and not apply them arbitrarily or discriminatorily. For example, if an employer dismisses younger employees for taking medicinal marijuana but not older employees, this may give rise to an age-related discrimination claim.
While businesses have the legal ability to fire an employee for failing a drug test, many have rules requiring them to send people to a drug treatment program or counseling.
Legal Claims Relating to Drug Testing
Employees and candidates may have legal claims depending on how the test was done, who was tested, or how the findings were utilized, even though Ohio law enables employers to drug test. Here are a few such examples:
State laws and procedures have been violated. Although an employer has the legal authority to test, it must follow the rules of the state.
Discrimination based on disability. The Americans with Disabilities Act protects an applicant or employee who is taking medicine for a disability (ADA). Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable.
Other charges of discrimination. An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. Having workers disrobe or produce a urine sample in front of others, for example, might be an invasion of their privacy, depending on the circumstances.
Defamation. If the employer publicizes that the employee tested positive, the employer knew or obviously should have known that the test result was incorrect, and the employer did not act in good faith, the employee may have a legitimate claim for defamation.
Consult an Employment Lawyer
If you failed a drug test in Ohio and are concerned about your job security, speak with your human resources department or supervisor first to see how the firm plans to proceed. If you haven’t already, get acquainted with your company’s drug testing policies.
Whether you were fired for failing a drug test, you should speak with an employment lawyer to see if you have a wrongful termination claim.