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Nevada Passes Pre-Employment Marijuana Screening Law

Memorandum And Important Legislative Alert
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On June 5, 2019 Nevada governor Steve Sisolak signed Assembly Bill 132 into law.  Assembly Bill 132 will amend Chapter 613 of the Nevada Revised Statute (NRS) by adding a new section relating to prohibiting employers, with certain exceptions, from denying employment to a perspective employee because the prospective employee has submitted to a drug test and the test revealed the presence of marijuana.

The law also states that if the employer requires a drug test within the first 30 days of employment, the employee has the right to take an additional drug test, at the expense of the employee, to rebut the results of the original drug test.  The employer will be required to accept and give appropriate consideration to the results of the additional drug test.

Specifically, the law states:

Sec 2. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows: Except as otherwise specifically provided by law:

  1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
  1. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As firefighter, as defined in NRS 450B.071;

(b) As an emergency medical technician, as defined in NRS 450B.065;

(c) 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

(d) That, in the determination of the employer, could adversely affect the safety of others.

  1. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.
  2. The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(c) To a position of employment funded by a federal grant.

  1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Nevada employers should work with legal counsel experienced with drug and alcohol testing laws to determine their compliance obligations to the law.

Link to the Nevada Pre-Employment Marijuana Screening Law: Nevada AB132 Overview

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The foregoing information is not offered as legal advice but is instead offered for informational purposes. First Advantage Corporation is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship.

The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. First Advantage Corporation makes no assurances regarding the accuracy, completeness, currency or utility of the above information. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly.

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