Indiana Drug Laws
We are going to explore two aspects of Indiana drug laws and the information necessary to learn how to pass a drug test in Indiana.
Learning The Basics Of Indiana Drug Laws.
First, we are not attorneys and can not provide specific advice on the Indiana Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Indiana drug laws.
Second, for those of you who are concerned with those Indiana Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Indiana.
There Are Four Major Drug Tests Given In Indiana.
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 failing and passing a drug test in Indiana.
Indiana Drug Laws For Employees.
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.
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.
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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.
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.
Overview Of Indiana Drug Test Laws.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.