Drug Test Refusal Consequences in Ohio

Ohio employers are allowed to drug test job applicants, new hires, and existing employees. In order to do so legally, however, the employer should not engage in selective drug testing. For example, they would want to test all incoming employees for drugs and should not single out any person for special treatment. Or they would engage in truly random testing of existing employees.

Ohio has a state-sponsored drug-free workplace program that includes employee drug-testing laws. Employers who establish a drug-free workplace program may earn a discount on their workers’ compensation insurance premiums. However, employers must adopt the rules of the state’s program to qualify for the discount. A local attorney in Ohio would be able to provide more information.

A drug test is a chemical analysis of a biological specimen, commonly a person’s blood, breath, urine, or hair. The test is used to detect evidence of the presence or absence of specified drugs in a person’s body. Major applications of drug testing by employers involve detection of the drugs prohibited by law, such as cannabis, cocaine, methamphetamine, and heroin.

An employer might also test for alcohol intoxication through the use of blood alcohol content (BAC) tests of a person’s blood, breath, or urine.

In addition to discounts on an employer’s workers’ compensation costs, employers may believe that drug testing of employees offers the following benefits:

• Improved job performance by employees;
• Fewer job-related accidents;
• Reduced absenteeism;
• Improved morale among employees;
• Increased customer satisfaction.

Ohio employers are authorized to test employees for drug use in several situations including:

• After an accident has taken place at a job site;
• On the basis of having a reasonable suspicion that the employee has used drugs,
• When an employee returns to work after having tested positive for drugs.

Employers who drug test under the state-approved drug-free workplace program must offer employees failing a drug test the resources of an employee assistance program (EAP), employee education, and training of supervisors.

Employers who want to qualify for a larger discount must adopt a policy that provides for random testing of at least 15% of their workforce each year. They must also commit to not firing an employee for their first positive test if the employee voluntarily acknowledges that they have a substance abuse problem or if a supervisor refers the employee for an assessment.

There are some states that require an employer to accommodate off-duty use of marijuana, but Ohio is not one of them, even though the recreational use of marijuana is now legal in Ohio.

The federal Americans with Disabilities Act (ADA) does not prevent employers from enforcing drug-free workplace policies or otherwise testing employees for drug use. It does not offer any kind of protection to employees who are using illegal drugs.

However, the ADA does make it illegal for employers to engage in employment discrimination against recovering alcoholics and drug users who are already receiving treatment for their addiction.

Also, under the terms of the ADA:

• Employers are prohibited from firing, refusing to hire, or refusing to promote a person because they have a history of substance use;
• Employers are also prohibited from firing, refusing to hire, or refusing to promote employees because they are enrolled in a drug or alcohol rehabilitation program.

Employers who have drug-testing programs want to be careful not to focus on employees for testing only because they look or act as though they are under the influence of drugs or alcohol. Many of the physical symptoms usually associated with alcohol and drug intoxication, e.g., slurred speech, disorientation, or a lack of coordination, can also be the result of a serious physical disability or medical condition.

People with disabilities or conditions that might mimic intoxication are protected by the ADA. Singling them out for testing or disciplinary action might lead to claims of discrimination.

Finally, employers should refrain from asking employees about their legal prescription drug use as part of the pre-hiring or pre-promotion drug-testing process. While the case law in this area is still evolving, some state courts have ruled that requesting such information constitutes a form of discrimination and violates the ADA.

While challenges to drug testing or drug-free workplace policies under Title VII of the Civil Rights Act are rare, employers should make sure that their programs treat all workers equally. Employers want to avoid singling out employees of any particular race, ethnicity, or gender for testing or disciplinary action, so as to avoid violating Title VII of the federal Civil Rights Act.

Does the State of Ohio Subject State Employees to Drug Testing?

The State of Ohio has a Drug-Free Workplace Policy for state employees. The goal is to maintain drug-free workplaces in state agencies, boards, and commissions. Under this policy, an employee must be fit-for-duty and cannot be impaired by substance use while working or otherwise being present in the workplace.

To be fit-for-duty, an employee must be able to perform the essential functions of the employee’s job and not currently abusing a restricted substance. Thus, any employee who occupies a position that is designated as “safety-sensitive” may be subject to random testing according to the requirements of any applicable collective bargaining agreement or as determined by the Director of DAS.

What Are the Rules for Testing Current Employees?

In Ohio, private employers may test their current employees for drug use. Usually, an employee may be fired for failing a drug test in Ohio. This is the case even if a person has a medical marijuana card and has used marijuana to treat a medical condition.

However, if an employer has a drug-testing policy, they must apply their own policy fairly and in a non-discriminatory way. For example, if an employer fires only younger workers for using medical marijuana but tolerates use by older workers, the younger workers would be able to claim that the employer engages in age discrimination.

Again, in Ohio, employers might have the legal right to terminate an employee who fails a drug test, but many companies follow policies that direct managers and supervisors to refer employees to a drug treatment program or counseling.

Basically, the rules for testing current employees would depend on whether the employee has a state-approved, drug-testing program. If they do, they need to follow the rules for this program.

If the employer has its own drug-testing policy, it would be legally obligated to follow their policies. If they have no policy, they would want to proceed with some caution to ensure that their practices are not discriminatory or likely to offend the ADA.

Can I Refuse a Drug Test at Work?

Virtually every state allows employers to require drug testing of job applicants. It is allowed in Ohio. If a person tests positive, an employer may refuse to hire them for that reason.

Some states limit the situations in which an employer may require testing of current employees. As noted above, in Ohio, an employer who has a state-approved drug-testing program needs to observe the rules of the program.

Of course, an employer may not physically force a person, either a job applicant or an employee, to take a drug test. However, while an employee has a right to refuse a drug test, their employer has the right to refuse them a job for that reason. If it is a current employee who refuses a legitimate test, the employer may impose sanctions up to and including firing.

If an employee objects to drug testing, they would want to become familiar with their employer’s drug-testing policy. They might be able to avoid any drug-testing that is not done in compliance with the employer’s policy.

What Are the Consequences of Refusing to Take a Drug Test?

The consequence of refusing to take a drug test mandated by an employer depends on the drug testing policy of the employer. However, legally, an employer may subject a person who refuses drug testing to disciplinary action. Disciplinary action may include termination of the person’s employment.

Contact a lawyer if you have any questions about these rules, especially about government employee drug testing laws.

Are There Any Exceptions?

There are some very limited exceptions to these rules. A person may have a legitimate medical condition that prevents them from taking a urine test. So, if a person were able to provide a doctor’s note that excuses the person from urine testing, they might escape it without negative consequences.

Again, a person would want to review their employer’s own policies, if the employer has them, to see if it allows exceptions. It is important to keep in mind that an employer’s policies may provide that if a person takes and fails a mandatory drug test, the employer would not fire the person but would refer them to treatment or counseling.

Do I Need an Attorney if I Refuse to Take a Drug Test?

If you have refused to take a drug test at work, you want to consult an Ohio discrimination lawyer. LegalMatch.com can quickly connect you to an experienced lawyer who can advise you about your options. Your lawyer will be able to help you identify the best way forward and help ensure that your rights are protected.