10 Things to Know About Workplace Drug Testing State Laws and Regulations in Indiana

1) Who Must Test

In Indiana, any employer may require drug testing of its employees. In the instance of child care workers, drug and alcohol testing is mandatory. Indiana also provides that school bus monitors and operators must be tested for substance abuse. Otherwise, drug and alcohol testing is permitted if the employer decides to do so.

2) Types of Drugs

As in many other states, Indiana doesn’t specify which drugs or alcohol must be tested for, only that the test must be conducted on workers in the required work fields. Typically, the presence of alcohol, as well as all types of prescription and recreational drugs that would impair the ability of the employee to perform the duties of their jobs may be tested.

3) Disclosure

In Indiana, company posting of the drug and alcohol testing policy is not required by law, except in the case of child care workers.

4) Company Policy

A written policy of the drugs and alcohol testing requirement is not required by law of Indiana employers except in the above mentioned businesses. However, a written policy must be in place for the purpose of satisfying workers compensation and unemployment requirements.

5) Types of Tests

Indiana’s requirements are very open and so the types of drug tests are not mandated. Since drug tests have been developed for various types of substance abuse, the employer can pick and choose to require any or all of the typical drugs that are used..

6) Who Pays

In Indiana, the employer must pay for all costs related to a required medical exam, but Indiana courts have ruled that drug tests are NOT a medical exam. Since some drug tests are expensive, employees can make the argument that required tests should be paid for by the employer.

7) Who Can Be Tested

Although only child care workers and school bus operators and monitors must be tested for drug and alcohol use, there are no restriction against testing other employees. Often, employers who interact with the public in positions where safety is important will determine that drug testing is appropriate.

8) When Can an Employee Be Tested?

There are no specifications or mandates about when the employee can be tested. Since more testing labs keep workday hours, the employee will probably be conducting the test during the weekday period. The testing of school bus operators and monitors and of child care workers is typically required before the individual is actually hired.

9) The Lab

Although drug and alcohol testing can be done at many locations, there is no Indiana statute or court decision that specifies where the test must be conducted. Typically, the labs are independent organization, or may be connected with a hospital or medical facility.

10) Positive Results

A child care worker or school bus driver who tests positive for drug or alcohol must be immediately suspended or terminated until such time as subsequent tests are negative. In this instance, employers must make test results available for review by state authorities.

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