Americans with Disabilities Act: The law does not require employers to offer a rehabilitation program. The law does provide a “safe harbor” for qualified individuals with a disability who 1) have successfully completed a supervised drug rehabilitation program and are no longer engaging in the illegal use of drugs, or have otherwise been rehabilitated successfully and are no longer engaging in such use; or (2) are participating in a supervised rehabilitation program and are no longer engaging in such use.

Drug-Free Workplace Act: Refer to the discussion of “Employer Policy Requirements.”

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can require that employees participate in rehabilitation, treatment or counseling programs based on a confirmed positive test result or employees' refusal to provide a test sample.

Alaska Stat. § 23.10.655

Employers can require that employees participate in rehabilitation, treatment or counseling programs based on a confirmed positive alcohol or drug test result or employees' refusal to provide a test sample.

Ariz. Rev. Stat. § 23-493.05

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can require employees to submit to a urinalysis drug test on a random basis if they voluntarily participate in an employee assistance program sponsored or authorized by their employer and the urinalysis is conducted as part of the program. Employees are current employees and former employees who are rehired within 12 months after terminating employment, including employees in managerial positions.

Conn. Gen. Stat. §§ 31-51t, 31-51x

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can require that employees participate in rehabilitation, treatment or counseling programs based on a confirmed positive alcohol or drug test result. Such programs can include additional drug or alcohol testing.

Idaho Code Ann. § 72-1708

Illinois has drug testing provisions in its law on disability discrimination. For more information, see Illinois Disability Discrimination.

Indiana has drug testing provisions in its law on disability discrimination. For more information, see Indiana Disability Discrimination.

Employers' written drug or alcohol testing policy must provide:

• uniform requirements for rehabilitative actions against employees and applicants based on a confirmed positive test result for drugs or alcohol or their refusal to provide a test sample;

• that any action taken against employees and applicants must be based only on the results of a drug or alcohol test; and

• that employers won't take adverse action against employees who are required to undergo rehabilitation if they comply with the requirements and successfully complete rehabilitation.

Employers can take rehabilitation actions based on a confirmed positive test result indicating a violation of their written drug or alcohol testing policy. They also can take these actions based on employees' and applicants' refusal to provide a sample for drug or alcohol testing. The actions must be taken pursuant to the policy's requirements, which can include:

• enrolling employees in an employer-provided or approved rehabilitation, treatment, or counseling program; and

• requiring employees enrolled in such a program to undergo additional drug or alcohol testing, participate in and successfully complete the program as a condition of employment, and pay for the program's costs.

Special requirements for alcohol-related rehabilitation: Employers' written alcohol testing policy must provide for employees' rehabilitation through an employer-provided or approved rehabilitation, treatment, or counseling program if:

• their confirmed positive alcohol test indicates an alcohol concentration that violates the policy;

• their employer has at least 50 employees;

• they have been employed by their employer for at least 12 of the past 18 months;

• they agree to rehabilitation; and

• they haven't previously violated their employer's substance abuse prevention policy.

The policy also must assign the costs of such rehabilitation as follows:

• If the employer has an employee benefits plan, these costs must be paid as provided under the plan.

• If the employer doesn't have an employee benefits plan but the employee has a health-care plan that covers any part of these costs, the costs must be paid as provided by the health-care plan with any remaining costs paid equally by the employer (up to $2,000) and employee.

• If the employer doesn't have an employee benefits plan and the employee doesn't have a health-care plan that covers any part of these costs, the costs must be paid equally by the employer (up to $2,000) and employee.

Employers can take any adverse action against employees during such rehabilitation based on their failure to comply with any requirements of the rehabilitation, including any action they take to invalidate test samples.

Iowa Code § 730.5

No state statutory or regulatory provisions apply generally to private-sector employment.

Kentucky encourages employers to participate in an employer-facilitated substance use disorder treatment program for employees who fail an employment-related drug screen. Substance use disorder means a cluster of cognitive, behavioral, and physiological symptoms indicating a person's continued use of a substance despite significant substance-related problems (see the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders). Treatment means services and programs for the care and rehabilitation of people suffering from a substance use disorder, including services described in Ky. Rev. Stat. Ann. §§ 222.211, 222.430 to 222.437.

To participate in the program, an employer must do the following:

• Develop a written drug policy, procedure, or protocol and distribute it to all employees. It must include a test or series of tests to objectively measure substances that can create substance use disorders and be in compliance with state and federal law.

• Require employees who fail an employment-related drug screen to participate in recommended drug education and licensed substance use disorder treatment services as a condition of employment. The employer can discipline or discharge those employees if they don't comply with the agreed treatment services or the employer's drug policy. The employer can pay for all or part of a participating employee's drug education and substance use disorder treatment services and accept a voluntary wage assignment from the employee to pay for part of that cost. However, this wage assignment can't reduce the employee's remaining net compensation below the federal minimum wage during any pay period.

• Comply with related regulations issued by the Kentucky Cabinet for Health and Family Services in conjunction with the Kentucky Office of Drug Control Policy.

• Secure all records and other information about drug test results, treatment assessments, and treatments in a confidential manner for employees who fail an employment-related drug screen and maintain the information separately from their personnel file. The employer can share this information internally, but only with those in an employee's chain of authority who need the information to perform responsibilities related to supervising or supporting the employee. The employer also can share the information externally, but only when an employee provides specific written authorization to disclose specific facts to specific parties for a specific purpose or as ordered by a court.

To participate in the program, employees must provide their employer with a signed consent authorizing the employer to provide and receive documentation confirming their participation in the program and completion of substance use treatment services. They also must comply with their employer's drug policy and related regulations issued by the Kentucky Cabinet for Health and Family Services in conjunction with the Kentucky Office of Drug Control Policy.

Ky. Rev. Stat. Ann. §§ 222.005, 222.215 (2020 Ky. Acts 99 (S.B. 191), § 1)

Employers can, but are not required to, offer rehabilitation opportunities to employees who have confirmed positive drug test results.

La. Rev. Stat. Ann. § 49:1011

Before establishing a substance use testing program for employees, employers with more than 20 full-time employees must have a functioning employee assistance program that is certified by the Maine Department of Health and Human Services. Full-time employees are those who normally work 30 hours or more each week. Employers can meet this requirement by participating in a cooperative EAP that serves the employees of more than one employer.

Confirmed positive test results: Employers can take certain adverse actions based on a confirmed positive result for a substance use test or a refusal to submit to a substance use test that they lawfully request or require, subject to any limitations under state or federal laws. Specifically, they can refuse to hire applicants, refuse to place applicants on an eligibility roster for employment, discharge or discipline employees, or change employees' work assignments.

Before taking those adverse actions against employees who receive their first confirmed positive test result, employers must give these employees an opportunity to participate in a substance use rehabilitation or treatment program for up to six months and to participate in any employer-provided employee assistance program. Employers can't take the adverse actions against employees during their participation in such a rehabilitation or treatment program, unless the program provider notifies employers of their failure to comply with the program's requirements before the six-month participation period expires. Employers can take the adverse actions against employees if they choose not to participate in such a rehabilitation or treatment program, they receive another confirmed positive test result, or the program provider determines that they didn't successfully complete the program within six months.

Employers can't take those adverse actions against employees during their participation in such a rehabilitation or treatment program, unless the program notifies employers of their failure to comply with the program's requirements before the six-month participation period expires. During this period, employees' work assignments can be changed or they can be suspended from active duty to reduce any safety hazards. Their pay and benefits can't be reduced during the participation period, unless employers are required to pay them for periods when they are unavailable for work due to rehabilitation or a medical disqualification. Employees can apply any of their sick or vacation leave to the participation period.

If employees choose to participate in a substance use rehabilitation or treatment program after their first confirmed positive test result, the following provisions apply:

• If their employer provides an employee assistance program that offers counseling or rehabilitation services, they can choose to enter that program at their employer's expense. Otherwise they can enter a public or private program.

• If an employer has more than 20 full-time employees, public or private program costs that aren't covered by its group health insurance plan must be equally divided between the employer and employee. If needed, the employer must assist in financing the employee's cost-share through a payroll deduction plan.

• An employer with fewer than 21 full-time employees isn't required to pay for public or private program costs that aren't covered by its group health insurance program.

Return to work: Employees are entitled to return to their position with full pay and benefits upon successfully completing a substance use rehabilitation or treatment program, unless any of the following apply:

• Conditions unrelated to employees' previous confirmed positive test result make this reinstatement impossible. For example, their reinstatement can't conflict with the provisions of any applicable collective bargaining agreement.

• Employers believe that employees might pose an unreasonable safety hazard because of the nature of their position, which is subject to random or arbitrary testing under employers' substance use testing policy. Employers must try to find suitable work for employees immediately after refusing to return them to their position. Their benefits and pay rate can't be reduced while they are awaiting reassignment or working in another position. The employees must be reinstated to their position or another position (with an equivalent pay rate, equivalent benefits, and no loss of seniority) within six months after returning to work in any capacity, unless they receive another confirmed positive test result within that period or conditions unrelated to their previous confirmed positive test result make this reinstatement impossible.

• Employees are medically disqualified, which means that a federal law or regulation prohibits them from returning to their position based on their substance use test results. Employers aren't required to reinstate employees, find suitable work for them, or compensate them while they are medically disqualified.

Me. Rev. Stat. Ann. tit. 26, §§ 682 to 683, 685

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can ask or require employees to undergo drug or alcohol testing if employers have referred them for chemical-dependency treatment or evaluation or they are participating in a chemical-dependency treatment program under an employee benefit plan. Employers can ask or require these employees to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for up to two years after completing any prescribed chemical-dependency treatment program.

Employers can't request or require employees' rehabilitation based on:

• a positive result for an initial screening test that hasn't been verified by a confirmatory test; or

• medical history information revealed to employers pursuant to Minn. Stat. § 181.953(6), unless the employees had an affirmative duty to provide the information before, upon, or after being hired.

Employers can't discharge employees for receiving their first positive result on a confirmatory test for an employer-requested drug or alcohol test, unless the following conditions are met:

• Employers first gave the employees an opportunity to participate in a drug or alcohol counseling or rehabilitation program (whichever is more appropriate) at their own expense or pursuant to coverage under an employee benefit plan. Employers determine which program is more appropriate after consulting with a certified chemical-use counselor or a physician who is trained to diagnose and treat chemical dependency.

• The employees have refused to participate in that counseling or rehabilitation program or have failed to successfully complete the program, as evidenced by their withdrawal from the program before its completion or by a positive result for a confirmatory test after completing the program.

Positive means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold-detection levels contained in the standards of one of the programs listed in Minn. Stat. § 181.953(1).

Initial screening test means a drug or alcohol test that uses a method of analysis under one of the programs listed in Minn. Stat. § 181.953(1).

Confirmatory test and confirmatory retest mean a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953(1).

Minn. Stat. §§ 181.950 to 181.951, 181.953

Employers can require that employees participate in substance abuse treatment and rehabilitation programs based on a confirmed positive alcohol or drug test result or employees' refusal to submit to required drug or alcohol testing.

Miss. Code Ann. §§ 71-7-7, 71-7-13

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can require employees who test positive for drug or alcohol use to participate in an appropriate counseling, treatment, or rehabilitation program as a condition of continued employment.

Mont. Code Ann. § 39-2-207

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can require that employees participate in rehabilitation, treatment, or counseling programs based on a confirmed positive alcohol or drug test result. Employers can require periodic testing of employees during their treatment and rehabilitation.

P.R. Laws Ann. tit. 29, § 161b

Employers must refer employees who test positive for drug or alcohol use to state-licensed substance abuse professionals.

R.I. Gen. Laws § 28-6.5-1

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

The drug and alcohol testing provisions don't require employers to permit or provide a drug or alcohol rehabilitation program for employees. Employers can select an employee assistance program or a drug or alcohol rehabilitation program if they pay the costs of employees' participation in the program, unless otherwise provided by a collective bargaining agreement.

Employers can't request or require rehabilitation for employees or applicants solely based on a positive drug or alcohol test result that hasn't been verified by a confirmation test and medical review officer. Employers also can't discharge, discipline, or discriminate against employees solely because they voluntarily seek treatment for drug- or alcohol-related problems, unless they previously tested positive for drug or alcohol use, entered an employee assistance program to address these problems, or entered a drug or alcohol rehabilitation program. For more information, see “Disciplinary Procedures” in this summary

Employers must give all employees and applicants a written policy statement, once before testing, that includes a representative sampling of names, addresses, and telephone numbers for employee assistance programs and local drug or alcohol rehabilitation programs. For more information, see “Employer Policy Requirements” in this summary.

Employee assistance programs are established programs that can provide expert assessment of personal concerns; confidential, timely identification services regarding drug or alcohol abuse; referrals for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the programs or require monitoring after returning to work. If the programs also provide diagnostic and treatment services, they must provide these services in all cases. Drug or alcohol rehabilitation programs are service providers that provide confidential, timely, and expert identification, assessment, and resolution of drug or alcohol abuse.

Drug-free workplace programs: Employers that have a drug-free workplace program can't request or require rehabilitation for employees or applicants solely based on a positive drug or alcohol test result that hasn't been verified by a confirmation test and medical review officer. For more information, see “Disciplinary Procedures” in this summary.

Employers that have a drug-free workplace program must, to the extent permitted by law, conduct follow-up testing. Specifically, if employees participate in an employee assistance program for drug- or alcohol-related problems or a drug or alcohol rehabilitation program, employers must require them to submit to a follow-up drug and/or alcohol test unless they entered the program voluntarily. If this testing is required, it must be conducted at least once annually for a two-year period after the program is completed. Employers can't give employees advance notice of the follow-up testing date.

Employers that have a drug-free workplace program must provide training on any employee assistance program and substance abuse treatment options available to employees. For more information, see “Training Requirements” in this summary.

Employee assistance programs and drug or alcohol rehabilitation programs are defined above.

Tenn. Code Ann. §§ 50-9-103, 50-9-106 to 50-9-107

Tenn. Comp. R. & Regs. 0800-02-12-.02 to 0800-02-12-.03, 0800-02-12-.11

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers can require that employees participate in rehabilitation, treatment, or counseling programs based on a confirmed positive alcohol or drug test result or employees' refusal to provide a test sample.

Utah Code Ann. §§ 34-38-6, 34-38-8, 34-38-14

Employers can't terminate employees who test positive for drugs or alcohol if employees agree to participate in and successfully complete substance abuse rehabilitation programs. Employers can suspend employees for up to three months while they are participating in these programs. Employers can discharge workers who test positive for drugs or alcohol after completing rehabilitation programs.

Vt. Stat. Ann. tit. 21, §§ 513, 517

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.

Employers aren't required to offer counseling, employee assistance, rehabilitation, or drug abuse treatment programs. However, employers that offer these programs must provide employees with information about their existence and availability upon request or when appropriate.

Employers can take rehabilitative actions based on a confirmed positive test result indicating a violation of their written drug or alcohol testing policy. They also can take rehabilitative actions based on employees' or applicants' refusal to provide a sample for drug or alcohol testing. Rehabilitative actions can include requiring employees to enroll in an employer-provided or approved rehabilitation, treatment, or counseling program. The program can include additional drug or alcohol testing, participation in the program can be a condition of employment, and the program's costs may or may not be covered by employers' health plan or policies.

W. Va. Code §§ 21-3E-8 to 21-3E-9

No state statutory or regulatory provisions apply generally to private-sector employment.

No state statutory or regulatory provisions apply generally to private-sector employment.