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Ohio drug testing laws for employers

Ohio has no general law that controls how private employers drug test. Testing is up to you, and Ohio law says marijuana, including adult-use marijuana, does not stop you from keeping a drug-free or zero-tolerance policy. The state workers' comp fund pays a bonus to employers in its drug-free program, and state public construction jobs require that program.

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The state law

• Joining the Bureau of Workers' Compensation Substance Use Prevention and Recovery (SUPR) program is optional and earns a premium bonus of 4% at the basic level or 7% at the advanced level (OAC 4123-17-75, appendix).
• The basic level needs a written drug-free workplace policy, yearly employee education, yearly supervisor training, an employee assistance plan, and accident-analysis training for supervisors (OAC 4123-17-58(C)).
• SUPR testing must follow the federal HHS testing model and cover pre-employment, post-accident, reasonable suspicion, and return-to-duty and follow-up tests, paid for by the employer (OAC 4123-17-58(C)(5)).
• The advanced level adds random testing of at least 15% of your workforce each program year, a substance use professional you pay for, and a promise not to fire someone for a first positive test (OAC 4123-17-58(D)).
• You must apply each year and file an annual report on a bureau form to stay in the program (OAC 4123-17-58(F)).
• Self-insured employers cannot get the SUPR bonus (OAC 4123-17-58(B)(3)).

Testing applicants

• We found no Ohio law that limits drug testing of job applicants by private employers (no statute found).
• Ohio law says nothing in its marijuana law stops you from refusing to hire someone because they use marijuana (R.C. 3796.28(A)(2)).

Random testing

• We found no Ohio law that limits random testing by private employers (no statute found).
• If you join the advanced SUPR level, you must randomly test at least 15% of your workforce each program year (OAC 4123-17-58(D)(2)(b)).
• On state public improvement contracts, random testing must use the federal DOT neutral selection method (R.C. 153.03(B)(2)(b)(ii)).

Marijuana (recreational)

• Adult-use marijuana is legal for people 21 and over, and since March 20, 2026 it is regulated in the same chapter as medical marijuana (R.C. 3796.01(A)(8)-(9)).
• You do not have to allow or accommodate marijuana use, and you may refuse to hire, discipline, or fire someone for using it (R.C. 3796.28(A)(1)-(2)).
• You may keep a drug testing policy, a drug-free workplace policy, or a zero-tolerance policy that covers marijuana (R.C. 3796.28(A)(3)).
• Ohio's marijuana law gives no one a right to sue you over a job decision related to marijuana (R.C. 3796.28(A)(5)).
• Firing or refusing to hire someone for marijuana use that breaks your written policy is not illegal discrimination under Ohio civil rights law (R.C. 3796.28(C)).

Also good to know

• A worker fired for marijuana use that broke your drug-free, zero-tolerance, or other written marijuana policy is treated as fired for just cause and cannot get unemployment benefits (R.C. 3796.28(B)).
• If you post the required notice, a post-injury test showing drugs, marijuana, or alcohol over set levels, or a refusal to test, creates a presumption that the worker was impaired and that this caused the injury (R.C. 4123.54(B)).
• That workers' comp notice must be posted next to your proof of coverage, at least the same size, or online where employees can see it (R.C. 4123.54(F)).
• For the workers' comp presumption, the test must be processed by an HHS-certified lab or one that meets HHS standards (R.C. 4123.54(E)).
• Contractors and subcontractors on state public improvement contracts must be enrolled in the BWC drug-free program or a BWC-approved comparable program (R.C. 153.03(B)(2)).
• That public-works program needs a written policy, pre-employment, random, post-accident, reasonable suspicion and return-to-work testing, and at least 1 hour of training for all employees plus 1 more hour for supervisors (R.C. 153.03(B)(2)(a)-(e)).

Common questions

Some rules for Ohio weren't confirmed from an official source. Check with the state before relying on this page.

Sources

• R.C. 3796.01 (official)
• R.C. 3796.28 (official, eff. March 20, 2026)
• R.C. 153.03 (official)
• R.C. 4123.54 (official)
• OAC 4123-17-58 (official)
• OAC 4123-17-75 appendix (official)

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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