Alabama – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Summary
All types of testing and testing procedures with no restriction 
2) Workers Compensation Voluntary Premium Reduction State (if yes see below)
3) Employers Covered by Federal Drug Free Workplace Act
4) State Constitution Privacy Provision
5) Penalties and Remedies for Employer Non-Compliance
6) Significant Testing Restrictions
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
9) Worker’s Compensation Disqualification Laws
10) Unemployment Compensation Disqualification Laws
11) Alcohol Cut-off Levels
.04 Safety Sensitive: .08 for others
12) Substances Allowed for Testing
10 Panel
· Substances Cut-off Levels
13) Drug Specimen Types
Breath for alcohol; For drugs, urine preferred, but hair, oral fluids and blood allowed
14) Types of Drug Testing and Restrictions
· Pre Employment
Required for Voluntary Program
· Reasonable Cause
Required for Voluntary Program
· Random
Permitted not required for voluntary program
· Post Accident
Required for Voluntary Program
· Follow-up Testing
Required for Voluntary Program
15) Restrictions on Types of Workplace Drug Tests
16) Collection Procedures
· Generally 
· Observed Collections
Not Specified
· Split Specimen
Not Specified
17) Drug Testing Falsification Law
18) Point-of-Collection Device
· Urine
Not Specified
· Oral Fluids
Not Specified
19) Safety-Sensitive Restriction
.04 BAC
20) Laboratory Based Testing
· Laboratory Certifications
· Oral Fluids
· Hair Testing
21) Notification of Test Results
Within 5 Working Days
22) Rehabilitation Requirements
Required for Voluntary Program
23) Retest Required
Not required, but employee has 72 hours to request a re-test
24) Wage Payment Requirements
Not Specified
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
Alabama Department of Industrial Relations
31) Web Resources
32) Significant Case Authority
33) Workers Compensation Premium Reduction Statute Citation
· Amount of Premium Reduction
5% discount on workers
· Written Drug Testing Policy Requirements
1. General Statement of policy. 2. Types of testing and actions following positive test.  3.  Statement advising of the existence of the Act.  4. Confidentiality Statement.  5.  Statement explaining procedure to contest.  6. Consequence of refusing to submit to testing.  7. Statement explaining Employee Assistance Program, if any.  8. Requirements of Drug-Free Workplace Act, if applicable.
· Specifies Testing Circumstances
· Specimen Type and Panels
Tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol; 10 Panel
· Who Pays for Testing Costs
· Timing of Testing
· Laboratory Requirements Generally
· Training Requirements
Employers must provide employees with at least one (1) hour of substance abuse training semi-annually and an additional two (2) hours for each supervisor on how to identify, document, and corroborate substance abuse in the workplace.
· Collection Procedure Required
· MRO Review Requirements
`     MRO review required to verify all positive test results and notify employer of test result
· Positive Result Notification Requirements
Must notify within 5 working days
· Confidentiality Requirements
Must be kept confidential and released only pursuant to a written consent form signed voluntarily by the person tested
· EAP Requirements
If an employer has an Employee Assistance Program, the employer shall inform the employee of the benefits and services of the Employee Assistance Program. In addition, the employer shall provide the employee with notice of the policies and procedures regarding access to and utilization of the program. (b) If an employer does not have an Employee Assistance Program, the employer shall maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems and shall notify the employee of the availability of the resource file. In addition, the employer shall post in a conspicuous place a listing of providers or employee assistance in the area
· SAP Requirements
· Recordkeeping Requirements
· Re-Testing Required
Employee may request re test within 72 hours of confirmed positive test
· Employee Opportunity to Explain
Employee may contest or explain the result within 5 working days.
· Application Submission to State

Copyright Part40™.com, LLC © 2012, All Rights Reserved
This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLC who is licensed to practice in Alabama and Georgia. or call 334-246-2901

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. or 214-697-1249

Alabama Contributors: