Employer drug testing is strictly prohibited in Rhode Island.
If your Rhode Island employer or a 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 compels employers to conduct drug tests in a select safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense), federal law does not mandate – or ban – drug tests in other industries. State and municipal regulations, for the most part, govern whether a private company may request drug testing.
Employers in Rhode Island are not obligated to drug test applicants or employees.
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Applicants from Rhode Island must submit to drug testing.
After making a conditional offer of employment, Rhode Island employers may compel candidates to undergo a drug test. Employees must be permitted to give test samples in privacy, away from any other people. A positive result must be verified by retesting at a federally accredited laboratory.
Employee Drug Testing in Rhode Island
A Rhode Island employer may request an employee to undergo a drug test only if there are reasonable grounds to think the employee is under the influence of a controlled substance that is hindering work performance based on specific, recorded observations. In any other circumstance, testing is not permitted.
The employee must be able to deliver the test sample in privacy, away from other people. A positive test result must be verified by a retest at a federally accredited laboratory, and the employee has the right to have the sample retested independently at the cost of the employer.
An employer may not terminate an employee based on a positive drug test result; instead, the individual must be sent to a qualified substance addiction practitioner. Following the referral, the employer may seek further testing and may dismiss the employee if the results of those tests demonstrate that the person is still using drugs.
Legal Claims Relating to Drug Testing
Employers that violate the drug test regulations in Rhode Island may be found guilty of a misdemeanor and liable to penalties as well as claims for punitive damages and attorney costs in civil lawsuits. Furthermore, workers and candidates may have legal claims depending on how the test was carried out, who was tested, and how the findings were utilized. Here are a few such examples:
Discrimination based on disability. The Americans with Disabilities Act (ADA) protects applicants and employees who are using disability medicines. 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. For example, compelling workers to disrobe or produce a urine sample in front of others may be a breach of their privacy.
Defamation. If the employer publicizes that the employee tested positive, the test result was erroneous, and the employer knew or had cause to know of the inaccuracy, the employee may have a legitimate claim for defamation.