Major Change in the State of Nevada with new law.
Recently the State of Nevada passed a law that “prohibits the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee, with certain exceptions.“
The bill that was passed as AB132, will go into effect on 1-1-2020.
The law doesn’t prohibit testing for marijuana; however, it does prohibit denial of employment due to the presence of marijuana with certain exceptions.
Sec. 2. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
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.071;
(b) As an emergency medical technician, as defined in NRS 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.
In light of the changing legal landscape regarding allowances in drug usage, we have begun to see the advent of 4- panel and 9- panel screens which do not test for cannabinoids (marijuana) as their earlier, traditional 5- panel and 10- panel screens have. See the table below for the typical 5, 4, 10 and 9 panel tests:
|5 Panel||Amphetamines; Cocaine; Cannabinoids; Opiates; Phencyclidine|
|4 Panel||Amphetamines; Cocaine; Opiates; Phencyclidine|
|10 Panel||Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Cannabinoids; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene|
|9 Panel||Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene|
Whether your company uses the traditional 5 or 10 panel drug screens, or the updated 4 or 9 panel drug screens, you will want to discuss this with your drug screening specialists who can answer all your questions, and help empower you with the tools you will need to make the best decisions for your company, its employees, and your future success.