Drug and Alcohol Testing Policy
(with Acknowledgment) (NV)

Summary

This template is a standard drug and alcohol testing policy for use in Nevada. This template includes practical guidance and drafting notes. Nevada does not regulate drug testing for private employers, however employers in Nevada generally may implement and enforce drug-free workplace policies that include drug testing. See Nevada Empl. Sec. Dep't v. Holmes, 112 Nev. 275 (Nev. 1996); Fremont Hotel & Casino v. Esposito, 104 Nev. 394 (Nev. 1988). Nevada does protect job applicants from being withheld positions based on a positive marijuana test result. Nev. Rev. Stat. Ann. § 613.132(1). Further, applicants who fail a drug test must be given a opportunity to rebut the result of the initial screening, at their own expense. Nev. Rev. Stat. Ann. § 613.132(3). This template is intended for private employers and may be included in an employee handbook or distributed as a standalone document. The policy's language has been customized to comply with both Nevada and federal law. As a result, the text of this template differs from the non-jurisdictional Drug and Alcohol Testing Policy (with Acknowledgment). For a non-jurisdictional employee handbook, see Employee Handbook. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For more information on drug and alcohol testing policies, see Drug- and Alcohol-Testing Policies: Key Drafting Tips. For information on Nevada laws concerning drug and alcohol testing, see Drug and Alcohol Testing (NV). For a non-jurisdictional drug and alcohol testing authorization, see Drug and Alcohol Testing Authorization. For tracking of newly enacted drug and alcohol testing laws in Oregon and other key federal, state, and local Labor & Employment legal developments, see Labor & Employment Key Legal Developments Tracker (Current). For information on drug and alcohol testing laws generally, see Drug and Alcohol Use, Testing, and Accommodation: Key Employment Law Issues, Drug and Alcohol Testing of Employees Checklist (ADA), Interviewing and Screening Job Applicants — Conducting Drug and Alcohol Testing When Screening Employees, and Employment Screening § 4.01 et seq. For information on state laws concerning drug and alcohol testing, see the practice note entitled "Conducting Drug and Alcohol Testing in Nevada" in the Pre-employment Inquiries and Testing column of Screening and Hiring State Practice Notes Chart. For a non-jurisdictional drug and alcohol testing authorization, see Drug and Alcohol Testing Authorization. For information on state laws concerning drug and alcohol testing, see the Testing section of Screening and Hiring Resource Kit and the Labor & Employment section of Cannabis Resource Kit. Also see Medical and Recreational Marijuana State and Local Law Survey. For a video on drug testing policies, see Drug Testing: Effective and Lawful Policies Video.