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Ohio Drug Testing Laws: Everything You Need to Know!

Ohio Drug Testing Laws: Everything You Need to Know!

• Uritox

Ohio endorses a drug-free workplace program. Employers can enroll in this program to qualify for the discount on the workers’ compensation insurance premiums.

Ohio state law allows employers to drug test their employees and new hires. The drug tests are subject to legal claims, and the employee can file a complaint if there is a breach of privacy.

Table of Contents:

Child Protective Services (CPS) Drug Testing Law in Ohio

Each county in Ohio has a CPS Agency that looks into child abuse cases. The CPS will investigate the case only after they receive valid information about child neglect, child endangerment, child abuse, and dependent child.

If the CPS caseworker believes that you are abusing your child due to drugs, he may ask you to get into a case plan. They may also file a complaint in the juvenile court and get an order to remove your child custody. The court may ask you to take a drug test to ensure your drug usage. If you test positive, the court may remove your child custody till you complete the case plan successfully.

How does the CPS drug test work in Ohio?

  1. The CPS caseworker may investigate the child abuse by one or both the parents. If he believes that the child faces drug abuse, he may recommend a drug test; probably a urine or mouth swab drug test.
  2. If you fail your drug test, the police may remove your child from your custody, and the CPS would recommend you a case plan.
  3. Refusing the drug test may be similar to failing your drug test.
  4. You will have to maintain your sobriety throughout the case plan. If you fail your random drug test during the case plan, there are chances that CPS may further remove your child custody until you complete your case plan.

The best option for CPS hair follicle drug test in Ohio

Generally, the CPS may conduct urine or oral drug test under the court order. But in some cases, the CPS may conduct a confirmatory hair drug test to ensure that the parent/guardian is drug-free to take the child’s custody. A hair drug test can identify drug usage before 90 days, and it is hard to tamper with them. You can use home-based hair drug test kits as a precaution to know the levels of drugs in your body. It provides accurate results about your drug presence so that you can face your original drug test with confidence.

Newborn Drug Testing Laws in Ohio

Ohio state law requires the hospitals to conduct a newborn drug screening for all the children born in the state. The hospital staff or birth attendants should conduct the drug test on the mother and the child.

The medical staff would collect a few drops of blood from the baby’s heel to test for drugs. In most cases, the healthcare worker could use the umbilical cord or meconium tissue to test for drugs. The test is conducted within 24 to 48 hours of its birth.

If tested positive, the hospital administration may inform the CPS, and the CPS case may open. The CPS may recommend adequate treatment programs for the mother to get away from the drugs.

Do Teachers Get Drug Tested in Ohio?

Ohio state law does not require the schools to drug test the teachers. Only transportation workers like drivers are required to take drug tests as per the DOT guidelines. But the law does not prohibit the schools from drug testing their teachers and new hires as per their school drug testing policies.

Top Companies and Agencies that Drug Test in Ohio

  • Kroger: Kroger is an American retail company that supplies groceries and other necessary items. It has its headquarters in Cincinnati, Ohio. They have various branches all over the United States, and they own a family of companies - Baker’s, Dillions, Foods Co, etc. They conduct urine drug tests and do a thorough background check for the new hires. They also conduct random urine drug testing for the employees. 
  • McDonald’s: McDonald’s is an American fast-food company with more than 400 branches all over the United States. McDonald’s branches in Ohio conduct urine drug tests for the new hires and employees.
  •  Ohio Health Group: Ohio Health group is a trusted and not-for-profit healthcare group that offers necessary healthcare solutions. Their services extend over 47 Ohio counties with 12 hospitals, 200+ ambulance services providing home-health, medical equipment services, and other healthcare services. They conduct urine or blood drug tests for pre-employment candidates to ensure their drug usage.
  • Wendy’s: Wendy’s is an international fast-food chain with its headquarters in Columbus, Ohio. Freshly prepared Hamburgers, salads, chicken nuggets, fries, and sides are their most demanded food items. They want their employees to be drug-free and conduct urine drug tests for pre-employment candidates and random drug testing for employees.
  • Frost Brown Todd LLC: Frost Brown Todd LLC is a renowned law firm in the southern and mid-western United States. It is headquartered in Cincinnati, Ohio. More than 650 lawyers and employers work in the company, and hence they conduct a mandatory drug test for the new hires and employees. They prefer urine drug tests for their employees and mouth swab drug test for the new hires.
  • Proctor and Gamble: Proctor and Gamble is an American Consumer Goods supplier that offers value and quality products to consumers worldwide.  They have 35 manufacturing plants, 75 office locations in 73 countries, with their headquarters in Cincinnati, Ohio. Nearly 30,000 employees in America work for Proctor and Gamble. They conduct urine drug tests for pre-employment individuals and employees in Ohio. They run a thorough background check before hiring the candidate.
  • NVR Inc.: NVR Inc operates two types of business - Homebuilding and Mortgage banking units. They construct and sell homes with their manufacturing facilities in all major metropolitan cities of the United States. The main aim of NVR Inc in Ohio is to offer eco-friendly buildings that reduce waste and enhance efficiency. They ensure quality services to their customers, and so, they need their employees to be drug-free. They conduct urine drug tests for both new hires and employees.
  • Goodyear Corp: Goodyear is America’s largest tire and rubber manufacturing company supplying quality rubber and tires worldwide. Nearly 63,000 employees dedicate their valuable time to bringing out quality tire and rubber products. They conduct a mandatory hair drug test for pre-employment drug testing and random drug testing. They prefer mouth swab drug tests for post-accident drug testing.

Top 10 Jobs in Ohio that Do Not Drug Test

  • Housekeeper: Housekeepers work in various environments including hotels, offices, private homes, and they deal with different chemicals to clean and maintain the hygiene in the place. They do not need a drug test as the employer requires them to be keen and detail-oriented. Even if tested, there are higher chances that it would lead to false positives as they deal with various chemicals every day.
  • Dog Walker: If you are a canine lover, then a dog walking job is the best fit for you. Dog walkers spend their professional time walking dogs and taking care of them. It pays you well, and all you need is the required expertise, knowledge, and network. Most dog owners do not drug test their hire to treat their dogs.
  • Sales Associate: The work of the sales associate is to engage with the management and the business development team and bring in valuable leads to the company. Most companies hire freelance sales associates to increase their sales when they drop out abnormally. The companies do not drug test the sales associate.
  • Freelance Photographers: Ohio has a lot of attractive destinations that need to be captured. And who can deliver stunning photos of Ohio other than freelance photographers? Photographers require to capture the moment, and they do not need drug tests to follow the passion.
  • Cosmetologist: The cosmetologist handles a list of functions including hairstylist, nail specialist, beauty professional, etc. They receive appointments for general hair styling to hair preparation for special occasions. Cosmetologists do not require a drug test as they work as individual style consultants.
  • Journalist: Journalism is a skill of passion. It depends on how you narrate the scene that had happened. Media companies are searching for compelling stories to tell, and if you can satisfy them through yours, you get the job. Journalists are not generally drug tested by any media companies. You can also start your career as an independent journalist if you are confident and experienced.
  • Writer: Writing is a creative job that needs patience and passion. There are various writing jobs available on the internet - Ghostwriting, copywriting, creative writing, Translation, etc. These kinds of jobs do not require a drug test. Complete the job within the particular deadline and earn money through it.
  • Interior Designer: While the architects make the outside look of your house fabulous, it is the work of the interior designer to allocate enough space in your home and make it functional, beautiful, and safe. Apart from the artistic skill, you will need the knowledge of building codes and inspection regulations. Interior designers are not drug tested.
  • Graphic Designer: Graphic designers make the media and digital world beautiful. All you need to do is to meet the clients’ design and logo illustrations within the deadline. You are free to work at home. Graphic designers are hardly drug tested while getting hired.
  • Management Positions: People who work in management positions do not get drug tested. They hold authoritative positions, and hence they do not require a drug test. With wide expertise, knowledge, and leadership skills, you can survive in management positions without the need for a drug test.

Ohio Employer Drug Testing Laws

Ohio state law allows the employer to conduct drug test for their employees, new hires, and applicants. In the meantime, the law allows the applicants to file a legal complaint if the employer’s drug test compromises dignity, privacy, and violates the state laws and procedures.

The state law authorizes the employer to conduct a mandatory drug test on certain occasions that include

  1. Workplace injury and accident.
  2. Reasonable suspicion.
  3.  An employee returning to work after the positive test results.
  4. Transportation workers. (DOT guidelines)

Employers who drug test in Ohio should get into the Employee Assistance Program (EAP), which will make them eligible for discounts in the Workers’ compensation insurance premium.

Ohio state law acknowledges MMJ use. The employer cannot prohibit employment or take any employment actions against the individual because of their MMJ prescription. But it does not prohibit employers from drug testing for MMJ and other illicit drugs.

What Happens If You Fail a Drug Test in Ohio?

Ohio state law does not provide any regulations to the employers on actions regarding the failed drug test. If you fail your pre-employment drug test, there are chances that the employer may not hire you. If you fail your random drug test, you may or may not lose your job based on the situation and the employer’s drug testing policies.

Federal law prohibits the employer from hiring an employee for transportation or any kind of sensitive position if he/she had failed the DOT drug test. The state law allows employers to establish their right to enforce a zero-drug tolerance policy. That means the MMJ law, 2016 does not prohibit the employer from testing the employee for drugs including MMJ. But the state clarifies that the employer cannot terminate the employee exclusively for using MMJ under prescription.

What Happens If You Fail a Drug Test on Probation in Ohio?

If you fail a drug test during the probation period in Ohio, one of the two things may happen. If you fail your drug test for the first time, the probation officer would warn you and recommend a rehabilitation program. In the second case, the probation officer may report to the court, and you are likely to be detained. There are chances that you could face serious legal repercussions if you violate your probation.

Ohio probation violations may lead to additional charges meaning you may face new charges in addition to the original sentence. Your time served in prison may become null and your chances of probation may become impossible. Stay away from illegal drugs and other kinds of violations to get probation in Ohio.

Pre-Employment Drug Testing Laws in Ohio

If you apply for a job in Ohio, you may face a pre-employment drug test and background check before you get your job offer.

Ohio state law requires employers to support the drug-free workplace program to get discounts on their workers’ compensation insurance premiums. They could even get more benefits for random drug testing the employees. Employers can test for illegal drugs in individuals and employees irrespective of the state’s MMJ law. But they cannot prevent an individual’s candidature because of his MMJ use.

The law requires mandatory drug and alcohol testing for transportation workers based on the DOT guidelines. The drug and alcohol test procedures are governed by the Ohio Human Rights Act and other anti-discrimination rules with respect to the ADA (Americans with Disability Act) rules.

Pre-employment screenings are widely done by three methods

  1. Urine Drug Test: It is a standard drug test conducted during pre-employment drug testing. It is a typical test conducted when a conditional employment offer is sent to the employees. The urine drug test could detect the drugs even if the effect wore off. So, it is best to do a personal drug test using home-based urine drug testing kits before your pre-employment urine drug test.
  2. Hair Follicle Drug Testing: A hair drug test can screen the drugs taken before a long time, say, a maximum of 90 days from consumption. The tester can collect from any part of your body to test for drugs. Generally, a strand of hair close to the scalp is collected from an unnoticeable area to perform the test.
  3. Oral Fluids / Mouth Swab Test: Saliva drug test is an alternative to the urine drug test. It is performed by many organizations as it does not require privacy and cannot be tampered with. It provides accurate results within 5 minutes.

Final Words

Drug Testing Laws in Ohio draw a delicate balance between the employers and employees by providing the former with the right to a drug test without deteriorating the guidelines.

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