Indiana Drug Laws | Advice To Pass Drug Tests.

There Are Four Major Drug Tests That One Might Face in Indiana.

Learn What You Have To Do To Pass Any Drug Tests.   Each drug test has its own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage.  What you learn here could make the difference between passing and failing a drug test in Indiana.

The Urine Drug Test is the most pop­u­lar, the least com­pli­cated and is by far the eas­i­est to beat.
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The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
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The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.
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The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.
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Indiana Drug Laws For Employees.

Indiana Drug Test Laws

Indiana Drug Laws & Penalties

Indiana law has very little to say about workplace drug testing.  Although many states have statutes that lay out the circumstances when an employer may and may not require drug testing, Indiana isn’t one of them.  In Indiana, the law doesn’t encourage or prohibit testing. However, the state’s discrimination law explicitly states that it is not illegal for employers to require drug tests of employees who have been or are in a drug rehabilitation program.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in Indiana?  Even though Indiana Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.

Are You Facing Drug Testing In Indiana?

Are You Facing Drug Testing In Indiana?

Here are some examples:

  • Violation of Indiana Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An Indiana employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
  • Disability Discrimination.  An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA).  Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions.  If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
  • Other Discrimination Claims.  An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
  • Invasion Of Privacy.  Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test.  For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
  • Defamation.  An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate.  For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.

 

 

Breakdown Of Indiana Drug Laws.

State: Indiana
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Testing Bullet Points:
  • State contractors for public works projects are required to conduct drug testing of their employees. Bids for projects must be accompanied by written certification of an annual drug testing plan, with a monthly random drug test for at least 2% of the contractor’s employees. Progressive disciplinary action or employee rehabilitation are also key components. Compliant collective bargaining agreements are allowed.
    Indiana Drug Laws

    Indiana Drug Laws

  • The standard tests include five substances namely cocaine, amphetamines, phencyclidine (PCP), tetrahydrocannabinol (THC), and opiates.
  • The costs of employer required medical testing in Indiana are to be paid by employers.
  • Mine workers may be subject to on-site testing or to a test at a medical facility for illegal use of drugs or for alcohol intoxication.
  • School bus drivers in Indiana must not have an addiction to narcotics. However, the applicable law does not explicitly require drug testing as a condition of employment despite a section requiring physical examination. Nevertheless, possession or consumption of a controlled substance or intoxicating liquor by school bus drivers within 6 hours of going to or being on duty is classified as a Class A misdemeanor.
  • Child care employers are also required to conduct drug and alcohol testing of their employees.
 

The Indiana Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in Indiana Are For Breaking Indiana Drug Laws For Marijuana, Not Federal Or Local Laws.

Federal And Indiana Drug Test Laws On Marijuana.

Indiana Drug Laws On Marijuana.

Indiana drug laws have their own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.

Marijuana is the third most popular recreational drug in Indiana behind only alcohol and tobacco.  Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Indiana using marijuana.  According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use.  Indiana is no exception in its implementation of marijuana law.

Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing.   This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment.   The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.

REFERENCE:

NOLO – Legal Encyclopedia – Indiana Laws on Workplace Drug Testing.

Indiana Drug Laws On Marijuana Possession.

Federal Laws On Marijuana Possession.

 

Learn What They Don’t Want You To Know.  Drug Testing Gold!

Know The Ins And Outs Of  The Drug Testing Dilemma.  The science of drug testing is purposely loaded against you.  This is done by keeping the information you need to pass from you, while making passing a drug test sound way too complicated to beat.   To pass any drug test­ in not magic or complicated and it need not be based upon luck.  Following our advice will have a huge positive impact on your chances to pass any drug test.  It will also leave you knowing more about the your drug test than the testers.  Fol­low our advice and always test clean.

Identify what to do and what not to do if you are to pass a drug test.
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Know how long you are to be at risk for your drug test.
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Find out what can cause you to fail and not even know why you failed.
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Com­plet­ley detox your body in 5 days and then be drug free for­ever.
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Overview Of Indiana Drug Test Laws.

This Is But One Step In Learning To Pass A Drug Test.  For more information see How To Pass A Drug Test.

  1. Who Must Test - In Indiana, any employer may require drug testing of its employees. In the instance of child care workers, drug and alcohol testing is mandatory. Indiana also provides that school bus monitors and operators must be tested for substance abuse. Otherwise, drug and alcohol testing is permitted if the employer decides to do so.
  2. Types of Drugs - As in many other states, Indiana doesn’t specify which drugs or alcohol must be tested for, only that the test must be conducted on workers in the required work fields. Typically, the presence of alcohol, as well as all types of prescription and recreational drugs that would impair the ability of the employee to perform the duties of their jobs may be tested.
  3. Disclosure - In Indiana, company posting of the drug and alcohol testing policy is not required by law, except in the case of child care workers.
  4. Company Policy - A written policy of the drugs and alcohol testing requirement is not required by law of Indiana employers except in the above mentioned businesses. However, a written policy must be in place for the purpose of satisfying workers compensation and unemployment requirements.
  5. Types of Tests - Indiana’s requirements are very open and so the types of drug tests are not mandated. Since drug tests have been developed for various types of substance abuse, the employer can pick and choose to require any or all of the typical drugs that are used.
  6. Who Pays - In Indiana, the employer must pay for all costs related to a required medical exam, but Indiana courts have ruled that drug tests are NOT a medical exam. Since some drug tests are expensive, employees can make the argument that required tests should be paid for by the employer.
  7. Who Can Be Tested - Although only child care workers and school bus operators and monitors must be tested for drug and alcohol use, there are no restriction against testing other employees. Often, employers who interact with the public in positions where safety is important will determine that drug testing is appropriate.
  8. When Can an Employee Be Tested? - There are no specifications or mandates about when the employee can be tested. Since more testing labs keep workday hours, the employee will probably be conducting the test during the weekday period. The testing of school bus operators and monitors and of child care workers is typically required before the individual is actually hired.
  9. The Lab - Although drug and alcohol testing can be done at many locations, there is no Indiana statute or court decision that specifies where the test must be conducted. Typically, the labs are independent organization, or may be connected with a hospital or medical facility.
  10. Positive Results - A child care worker or school bus driver who tests positive for drug or alcohol must be immediately suspended or terminated until such time as subsequent tests are negative. In this instance, employers must make test results available for review by state authorities.