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Nevada passes nations first law banning marijuana pre-employment testing

7-8-2019

Nevada passes nations first law banning hiring decisions based on positive marijuana pre-employment tests

NV Beginning in 2020 non-federal employers will not be able to reject job seekers for testing positive for THC in Nevada. This is the first legislation of it’s kind in the nation. The law, assembly bill AB132, specifies certain safety sensitive job titles from the law as well as indicates that it does not apply when in conflict with federal law. As marijuana is still a banned substance under federal regulations, prospective employees looking for jobs in the trucking, airline, oil and pipeline, and transit industries need to know they are not protected by the new law.

 

Excerpt: 

“Except as otherwise specifically provided by law:
1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective
employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:
(a) As a firefighter, as defined in NRS 450B.0 71;
(b) As an emergency medical technician, as defined in RS 450B.065;
(c)That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
(d)That , in the determination of the employer, could adversely affect the safety of others.
3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.
4. The provisions of this section do not apply:
(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.
(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.
(c) To a position of employment funded by a federal grant.
5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.
This act becomes effective on January 1, 2020.”
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Marijuana legislation changes rapidly and employers, HR managers and anyone with hiring ability would be wise to keep up with their states most recent changes. AtHandTraining recommends those who need to know set up a Google Alerts with their state’s name+law (via https://www.google.com/alerts) so they can be notified whenever new legislation is being considered or passed.

 

 

 

 

 

 

 

 

Map image: SHRM

 

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