Construction Contractors: Drug Testing for Public Works and CDL Drivers
Short answer: federal law doesn't require drug testing for most construction crews, but some states make it a condition of public construction contracts, and your CDL drivers fall under DOT rules everywhere. Here is what four states require of contractors on public jobs, quoted from each statute, and what applies to your drivers.
Updated October 14, 2026 · Checked against the federal regulations
Tennessee: affidavit and certificate (T.C.A. 50-9-113)
An employer with five or more employees that bids on or provides construction services to the state or a local government must submit an affidavit that it has a drug-free workplace program complying with Tennessee's Drug-Free Workplace Act, and must get a certificate of compliance from the Department of Labor and Workforce Development. A contractor found without a program is barred from new public contracts until it complies, for at least 3 months after a second violation and at least 1 year after a third. Certifying only for public contracts does not earn the workers' comp premium discount.
Ohio: drug-free workplace program on state-funded projects (R.C. 153.03)
Contracts and subcontracts for public improvements financed by the state must require the contractor to be enrolled and in good standing in the Bureau of Workers' Compensation's drug-free workplace program, or a comparable program the bureau approves. The program must include a written substance use policy and drug and alcohol tests:
- Before employment or during the probationary period (up to 120 days).
- At random while employees work on or supervise the public improvement, using the U.S. DOT's neutral selection procedures.
- After an accident at the site, and on reasonable suspicion.
- Before an employee who tested positive returns to the site, and again after returning.
Illinois: written program on public works (820 ILCS 265/15)
Before starting work on a public works project, an employer must have a written substance abuse prevention program, filed with the public body and available to the public. At a minimum it requires a 9-panel urine drug test plus an alcohol test at a federally certified laboratory, and pre-hire, random, reasonable-suspicion and post-accident testing. An employee in a random program during the prior 90 days doesn't need a new pre-hire test.
Georgia: certification for state contracts (O.C.G.A. 50-24-3)
A contractor (other than an individual) must certify to the state agency that it will provide a drug-free workplace during the contract, and get the same certification from its subcontractors. Georgia's statute does not require testing: the contractor publishes a drug-free statement, runs an awareness program, gives each employee the statement, requires employees to report drug convictions within 5 days, and notifies the agency within 10 days of a conviction.
Your CDL drivers: DOT rules in every state
Drivers of dump trucks, mixers, lowboys and other trucks that need a CDL are under DOT drug and alcohol testing (49 CFR Part 382), even on local jobs, because the CDL rules cover intrastate drivers too (383.3). That means a pre-employment test, random testing (50% drug, 10% alcohol in 2026), post-accident and reasonable-suspicion tests, and Clearinghouse queries.
Other states
Other states and some cities set their own rules for public contracts, and many owners and general contractors write testing into their subcontracts. Check the bid documents for each job. Pact's drug-free workplace pages list the states that give a workers' comp discount for a certified program.
How Pact handles a contractor
CDL drivers go in Pact's DOT program at $25 a driver a month ($99 minimum, never more than $1,020 a month up to 50 drivers). Field crews can be tested on a Pact employer account with no monthly fee: $40 for a 5- or 10-panel lab test at a Quest site with MRO review, $50 with an alcohol test, and a random program at the rate in your policy. Pact keeps the testing records your program needs; filing affidavits, certificates and program documents with the state or the public body stays with your company.
Common questions
Do construction workers have to be drug tested?
Not under federal law, except CDL drivers under DOT rules. Some states require a drug-free workplace program for public construction contracts: for example Tennessee (50-9-113), Ohio (153.03) and Illinois (820 ILCS 265).
What test does Illinois require on public works?
At a minimum, a 9-panel urine drug test plus an alcohol test at a federally certified lab, with pre-hire, random, reasonable-suspicion and post-accident testing.
Does Georgia require drug testing for state contractors?
No. O.C.G.A. 50-24-3 requires a drug-free workplace certification, a published policy and an awareness program, not testing.
Sources
- T.C.A. 50-9-113 (Justia)
- Ohio Revised Code 153.03
- 820 ILCS 265/15
- O.C.G.A. 50-24-3 (Justia)
- 49 CFR 383.3: Applicability (CDL rules)