What are the restrictions on employee drug testing?

In Nevada, employers may require drug testing of their employees, as long as they do so in compliance with state and federal laws. Generally, drug testing must follow an in-house policy and should be conducted in a consistent, fair manner. Under the Nevada Administrative Code (NAC), employers must give notice to employees that they are subject to drug testing before they can be tested. This notice must be given at least 30 days prior to any drug test. The notice must also state that if the employee tests positive, they may be subject to disciplinary action. In addition, employers must also make reasonable accommodations for employees with disabilities that may impact the results of the drug test. For example, if an employee is taking a prescription medication that could cause a false positive, the employer must make reasonable accommodations to take this into account. Drug tests must also be conducted in a reliable and fair manner. For example, employers must treat all employees equally regardless of gender, race, or religious affiliation. Furthermore, employers cannot require employees to submit to any tests that are not required under state or federal law. Finally, employers must follow all state and federal laws and regulations regarding drug testing. For example, they must adhere to the Privacy Act of 1974 which governs how employers can collect and use employee data. Overall, drug testing of employees in Nevada must be conducted in a fair and reliable manner, and employers must follow all the state and federal laws and regulations that govern such practices.

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