Drug testing by employers in Indiana is governed by these state rules.
In Indiana, an employer may adopt or administer reasonable drug testing policies or procedures designed to ensure that an individual who has successfully completed a supervised drug rehabilitation program or who has otherwise been rehabilitated successfully or who is participating in a supervised rehabilitation program is no longer engaging in the illegal use of drugs.
An employer may do the following:
- prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees
- require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace
- require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988
- hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that the entity holds other employees, even if the unsatisfactory job performance or behavior is related to the drug use or alcoholism of the employee
- with respect to federal regulations regarding alcohol and the illegal use of drugs, require that employees comply with the standards established in the regulations of the United States Department of Defense, Nuclear Regulatory Commission or Department of Transportation, if the employees of the covered entity are employed in an industry subject to those regulations, including complying with regulations, if any, that apply to employment in sensitive positions in the industry, in the case of employees of the covered entity who are employed in those positions
Employers must post notices in a format accessible to applicants and employees describing the applicable provisions of the law.