Nevada has enacted legislation (Assembly Bill
132) that will add protections for applicants and employees who test positive
for marijuana in a drug screen. Assembly Bill 132 takes effect January 1,
2020.
Applicants:
Assembly Bill 132 generally prohibits employers
from refusing to hire a prospective employee because they submitted to a drug
test and the results indicate the presence of marijuana. However, there are
exceptions if the individual is applying for one of the following positions:
- A firefighter;
- An emergency medical technician;
- Any position 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
- Any position that, in the employer's determination, could
adversely affect the safety of others.
Employees:
If an employer requires an employee to submit
to a drug test within the first 30 days of employment, the employee has the
right to obtain an additional test, at their own expense, to rebut the results
of the initial test. The employer must accept and give appropriate
consideration to the results of the additional test.
Exceptions:
The law doesn't apply to the extent that it
conflicts with an employment contract, collective bargaining agreement, federal
law, or a position funded by a federal grant.
Compliance Recommendations:
Nevada employers should review their policies,
practices, and supervisor training to ensure compliance with Assembly Bill 132
by January 1, 2020. Note: There are additional protections for
medical marijuana patients under state law, and employers should ensure compliance
with those rules as well.
Please contact your
dedicated service professional with any questions.