Nevada Drug Testing Laws
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Nevada employers may use drug testing as part of their workplace safety, hiring, and employee management practices, but state law places important restrictions on when certain test results can be used.
One of the biggest areas of concern for employers is marijuana. Nevada has specific protections for prospective employees who test positive for marijuana during pre-employment screening, along with exceptions for certain jobs and safety-sensitive positions.
Understanding Nevada drug testing laws can help employers create policies that protect workplace safety while reducing compliance risks.
Can Employers Drug Test Employees in Nevada?
Yes. Nevada employers can generally maintain drug-free workplace policies and require drug testing in appropriate circumstances.
Depending on the employer and position, testing policies may address:
- Pre-employment drug screening
- Reasonable-suspicion testing
- Post-accident testing
- Random testing
- Safety-sensitive positions
- Drug and alcohol use at work
- Federal drug testing requirements
- Workplace impairment
However, employers should be particularly careful when marijuana is included in pre-employment testing.
Nevada Pre-Employment Marijuana Testing Laws
Under NRS 613.132, Nevada employers generally cannot refuse to hire a prospective employee solely because a pre-employment screening test indicates the presence of marijuana.
There are important exceptions.
Nevada’s restrictions do not apply in certain circumstances, including specified safety-sensitive positions and situations in which federal requirements apply.
Depending on the position and circumstances, exceptions may include firefighters, emergency medical technicians, certain positions involving motor vehicle operation that are subject to drug testing requirements, and positions that could adversely affect the safety of others.
Exceptions also apply when applying Nevada’s restrictions would conflict with federal law, certain collective bargaining agreements or employment contracts, or requirements associated with a federal grant.
Because the exception may depend on the specific position, employers should avoid assuming that one drug-testing procedure is appropriate for every applicant.
Can Nevada Employers Prohibit Employees From Being High at Work?
Nevada’s marijuana laws do not require employers to permit employees to work while impaired.
Employers can establish and enforce reasonable workplace policies addressing drug and alcohol use, impairment, workplace safety, and employee conduct.
A drug and alcohol policy may address:
- Reporting to work impaired
- Possessing or using drugs in the workplace
- Reasonable suspicion of impairment
- Workplace accidents
- Testing procedures
- Safety-sensitive jobs
- Consequences for policy violations
- Supervisor responsibilities
- Applicable federal drug-testing requirements
The policy should clearly distinguish between workplace impairment and a test that merely indicates the presence of marijuana.
Drug Testing During the First 30 Days of Employment
Nevada law also provides protections when an employer requires a screening test within an employee’s first 30 days of employment.
An employee may have the right to obtain an additional screening test, at the employee’s own expense, to rebut the results of the initial test. The employer must accept and give appropriate consideration to the results of the additional screening.
HR teams should ensure that hiring managers and supervisors understand this requirement before making an employment decision based on an early screening result.
Safety-Sensitive Positions and Drug Testing
Safety-sensitive positions deserve additional consideration.
Nevada law recognizes exceptions to its pre-employment marijuana testing protections for certain positions, including jobs that could adversely affect the safety of others.
Employers relying on a safety-related exception should carefully evaluate the position’s responsibilities and document why the role is considered safety-sensitive.
Industries involving transportation, machinery, construction, healthcare, public safety, and similar workplace hazards may also be subject to additional state or federal requirements.
Get Help With Nevada Drug Testing Laws
Drug testing decisions can become complicated when Nevada law, federal requirements, safety concerns, and workplace policies overlap.
Nevada Association of Employers provides Nevada businesses with practical HR resources, training, compliance support, and employment law guidance.
Employers can explore NAE’s Legal Services, get an HR Assistant, or attend upcoming Training & HR Events to stay informed about changing workplace requirements.
Review Your Drug and Alcohol Policy
An outdated drug policy can create unnecessary risk, particularly as marijuana laws and workplace expectations continue to evolve.
A comprehensive policy should explain:
- When testing may occur
- Which employees or applicants may be tested
- What substances are included
- How reasonable suspicion is determined
- What happens after a workplace accident
- How marijuana results are handled
- Which positions are safety-sensitive
- Employee rights and responsibilities
- Consequences for policy violations
NAE can review your Employee Handbook to help identify policies that may need to be updated.
Employers can also conduct an HR Audit for a broader evaluation of HR practices and compliance.
Have Questions About Your Drug Testing Policy?
Don’t wait until a positive test or workplace incident creates a compliance issue. Contact NAE for assistance with your HR and employment law questions.
For ongoing resources, training, and employer support, join NAE.
This information is provided for general educational purposes and should not be considered legal advice.
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