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Nevada adds protections for applicants who use marijuana

09/05/19

Author: ADP Admin/Tuesday, September 3, 2019/Categories: Compliance Corner , State Compliance Update, Nevada

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.

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