Nevada Drug Test LawsEdward Pelham
Knowing What to Expect for Drug Screening Tests in Nevada
Are you from Nevada and are concerned about an upcoming drug test? Different states have different drug testing laws, so to gain a clear understanding of what will happen, you need to specifically know about Nevada drug testing laws.
While pre-employment testing for marijuana may not be a worry, many other substances are still tested for regularly by companies and agencies in the Silver State.
Keep reading to find out the ins and outs of Nevada drug test laws, and how Icarus Behavioral Health in Nevada can help if you or a loved one would like to get clean and be free of testing worries for good!
Understanding Drug Testing Laws in Nevada and Seeking Treatment
For employers, Nevada drug testing laws do not require or prohibit drug testing of employees or potential employees. However, your employer may have a policy regarding workplace drug use that requires random or pre-employment drug testing. If that is the case, they must follow specific guidelines when conducting such workplace drug testing.
First, all applicants for employment must receive written notice of any proposed alcohol or drug testing before starting any job. This notice must include information about the type of sample and method of collection, the laboratory used to perform the test, and how the results will be communicated.
Second, employers may not require applicants or employees to pay for any drug testing. Finally, Nevada employers are prohibited from disclosing any records of an individual’s positive drug test results without the written consent of the employee.
Nevada Drug Test Laws: Prospective Employee Testing
Nevada also has specific laws regarding urine drug testing, which is one of the most common types of drug screenings. If you undergo a urine test in Nevada, your employer must follow certain requirements. For instance, they must provide a private area for the sample collection and must not watch or observe you during the process.
The laboratory performing the test must also use valid chain-of-custody procedures, and employers must pay for the cost of any additional confirmatory drug testing if necessary. Nevada law prohibits employers from using results from an at-home drug testing kit.
If your employer does receive positive results from a drug test, they may take appropriate action such as termination or disciplinary action. However, they must inform you within five days of receiving the results so that you can explain unexpected findings in writing.
Unemployment Compensation Denial Following Drug Testing In Nevada
If you are applying for unemployment compensation in Nevada and were dismissed from your job due to failing drug testing, the Nevada Department of Employment, Training, and Rehabilitation (DETR) may deny your claim. In order for an individual to be eligible for unemployment benefits in Nevada, they must meet certain criteria including being able to work without restrictions and not having been discharged or suspended from employment due to misconduct connected with their work.
In many cases, failing drug testing can be considered misconduct connected with one’s work and therefore disqualify them from being eligible for unemployment benefits. Generally speaking, employees who fail a pre-employment or random drug screening are viewed as engaging in willful misconduct by DETR when considering an unemployment claim.
The DETR also considers the circumstances of each individual’s case, such as whether the employee has a history of drug use or if they failed the drug testing due to a one-time mistake. If an employee can provide evidence that their failure was due to an isolated incident and not willful misconduct, then the DETR may approve their claim for unemployment benefits.
Seeking Treatment if You Have Failed Random Testing
Some employers in Nevada are required by law to pay for any substance abuse treatment programs for employees who fail drug testing. In those cases, employees may be able to receive unemployment compensation during their time in a treatment program.
Note that even if you have been denied unemployment benefits after being dismissed from work due to a failed drug testing, you may still be able to apply for other forms of assistance such as the state’s Employment Assistance Program. This program provides financial aid and job counseling services to those who have lost their jobs due to failing drug testing.
No matter your situation, you need to understand all of the options available before making any decisions about applying for unemployment benefits in Nevada following being dismissed from work due to failed drug testing. Knowing your rights can help ensure that you get the best possible outcome and are able to receive the support you need.
If you have lost your position due to a positive drug test, our staff at Icarus can help advise you on the best ways of retaining insurance using COBRA, as well as accepting many forms of private insurance for treatment.
Medical Marijuana Workplace Drug Testing Laws In Nevada
In 2020, Nevada introduced a law addressing drug testing that meant pre-employment testing would no longer be allowed to disqualify applicants from working due to a pre-employment drug test showing a test positive for marijuana in the applicants’ system. Such a screening test is now illegal.
If you are worried about a screening test when a potential employer does require drug testing for marijuana, there is no need to be concerned unless you are applying for the role as a firefighter, emergency medical technician, or health care worker, are required to drive for your job, or you could harm someone if you perform your duties while high on marijuana.
Stop Using Drugs Before Federal Law Catches Up With You
First and foremost, when you use drugs illegally, you risk being arrested and charged with a crime. Depending on the type and quantity of the drug, you could be looking at jail time or hefty fines. The criminal record that comes with such a conviction may make it difficult to get a job or even rent an apartment.
If your drug use leads to being pulled over while driving, you could face additional charges for having drugs in your vehicle. This can come with its own set of punishments, including license suspensions and points on your license.
If your drug use results in any kind of accident – whether it’s vehicular or otherwise – you could find yourself facing civil lawsuits from anyone who may have suffered damages as a result of your actions. Such suits can lead to huge legal costs and possible financial settlements.
Avoiding Legal Trouble and Other Reasons to Seek Treatment
Finally, if someone you’ve shared drugs with is caught by the police, they may be inclined to use your name as a way to lessen their punishment. This could result in additional charges and sentences being leveled against you.
When you consider all of these potential legal repercussions, it becomes clear that quitting drugs is far better than risking such outcomes. It might take some effort and support from loved ones, but the reward of freedom – both physical and financial – is worth it.
Get Help for Drugs and Alcohol in Nevada Today!
Get help before federal or state law catches up with you. If you feel stuck in a cycle of using drugs with no end in sight, contact Icarus Behavioral Health in Nevada.
We can help free you or a loved one from the vicious cycles of alcohol and substance abuse so you can live a happy life without worrying about the legal consequences of using. Please reach out today for a confidential consultation, and to get options for worry-free tomorrow, today!