by Amanda Jones
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Indiana is known as the “Crossroads of America,” and that transient image fits this midwestern state well. Especially when it comes to its drug testing laws. Sometimes the most confusing states to navigate are those with little to no set-in-stone regulations. To help understand this ever-moving, ever-changing landscape, below are five things that you need to know when drug testing in Indiana:
Drug Testing Law Type: Friendly. Indiana does not have a general drug testing statute; however, drug testing may be required under certain circumstances. The industries with specific requirements are listed below.
Childcare workers: A childcare facility must maintain a written drug testing policy (see law for full details), as well as a written policy regarding reinstatement following a drug testing related suspension. Childcare centers not in compliance are subject to denial of application for a license or suspension or revocation of a license already issued.
Healthcare: This applies to any position that will have direct contact with a patient but is not regulated by Indiana Code 25. Who is exempt? The list can get a little tricky. If you think you may fall under this umbrella, check Code 25 to be sure. But a good rule of thumb is planning to test employees (at least 50% randomly and those who fall under reasonable suspicion) every year.
Mining: The mining industry follows the SAMHSA/DOT regulations.
Public Works: A public works contract may not be awarded to a contractor whose bid does not include a written plan for an employee drug testing program that complies with this chapter. Some requirements include a contractor randomly testing 2% of their employees each month and subjecting all employees to a drug test once a year. This industry also has requirements for which drugs must be tested in a panel.
Marijuana Law: Neither recreational nor medical marijuana are legally allowed to be used anywhere in the state.1
A Major Case Law Decision: In March 2022, an Indiana federal court dismissed an employee’s lawsuit after he was terminated for testing positive for marijuana during a random drug test at his place of employment in 2019. The employee, John Rocchio, claimed he used CBD and contended that his termination was discriminatory on the basis of disability. Rocchio, an engineer, claimed his employer was discriminating against his use of a legal drug and that their concern about safety suggested they saw his use of CBD as a disability. The courts disagreed on all counts, finding no evidence that the company was informed formally of Rocchio’s CBD use and had no prior knowledge with which to discriminate against him.2
Conclusion: There are a lot of different rules going around in Indiana. There’s no one-size-fits-all way to look at this state. That’s why it’s so important to take a closer look at your own business, the industry that you fall under, and whether or not you’re on top of the regulations in that industry.
If you think your company may need to take a closer look at their drug testing policies, contact CCG to guide you through each applicable requirement.
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