The state of Nevada placed legal restrictions on pre-employment drug testing for marijuana. This new law is effective as of January 1, 2020. Nevada Governor Steve Sisolak signed into law the Assembly Bill No. 132. You can read the legislative act here.
The aspects of this act include two restrictions. The first restriction makes it unlawful for Nevada employers to fail or refuse to hire a prospective employee because the applicant submitted to a screening test and the results of the test indicate the presence of marijuana. The second restriction states that if an employer requires a screening test within the first 30 days of employment, the employee has the right to submit an additional screening test to rebut the results of the initial screening. The employer must accept and give appropriate consideration to the secondary screening results.
This state ban defines exemptions to certain job-specific positions. Prospective employees applying for positions such as firefighters or emergency medical technicians cannot test positive for marijuana. Additionally, this also applies to positions requiring an employee to operate a motor vehicle for which federal or state law requires screening tests, as well as positions that could, in the perspective of the employer, adversely affect the safety of others.
Employer policies and hiring procedures must be updated and/or revised to reflect the new state law. It is advised that employers also review their current drug testing panel procedures and job descriptions to stay in compliance with these new regulations.
Nevada is the first to enact legislation restricting marijuana drug testing on a state level. Although many municipalities and cities have passed similar laws, it is reasonable to expect other state governments to follow suit. Employers are encouraged to continuously monitor similar legal developments that may arise in their state. However; Alliance 2020 will provide updated information on all changes made, whether federal, state, or otherwise.