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How to Start Drug Testing Employees (Non-DOT)

Outside DOT and other federal programs, state law sets most of the rules for workplace drug testing. Start by checking the law in each state where your people work. Then put a written policy in place, tell employees about it, decide when you will test and what you will test for, and use a lab and a medical review officer (MRO). Keep results private and apply the policy the same way to everyone. This guide is general information, not legal advice. Talk to an employment attorney about your state.

Updated October 26, 2026 · Checked against the official sources listed at the end

Step 1: Check your state's law first

There is no single federal rulebook for private employers outside federally regulated jobs. The Americans with Disabilities Act says a test for illegal drug use is not a medical examination, but it neither requires nor bans testing (42 U.S.C. 12114(d)). States fill the gap, and some limit testing a great deal. A few examples, not a full list:

Minnesota (Minn. Stat. 181.950 to 181.957): testing must follow a written policy. Applicants can be tested only after a job offer, and the same test must be given to everyone offered that job. Random testing is limited mainly to safety-sensitive positions. Employers generally may not test applicants for cannabis unless state or federal law requires it, with exceptions for certain jobs.
California (Gov. Code 12954): employers may not penalize a person for off-the-job cannabis use, or for a test that finds nonpsychoactive cannabis metabolites. This does not apply to employees in the building and construction trades.
New York (Labor Law 201-d): protects lawful off-duty cannabis use. The state Department of Labor says employers cannot test for cannabis unless the law's exceptions or other laws allow it. Employers may act when an employee shows specific signs of impairment while working.
Vermont (21 V.S.A. 513): bars random or company-wide drug tests of employees unless federal law requires them. Testing an individual employee requires probable cause, and other conditions apply.
Rhode Island (R.I. Gen. Laws 28-6.5-1): an employee may be tested only when the employer has reasonable grounds based on specific, documented observations, plus other conditions, such as referral to a substance abuse professional instead of firing after a positive test.

Step 2: Write a policy

SAMHSA, the federal agency that publishes the Drug-Free Workplace Toolkit, calls a written policy the cornerstone of an effective program. It notes a written policy may be required by law or by your insurance carrier. In Minnesota, testing without a written policy that meets the state's minimum contents is not allowed.

SAMHSA suggests a policy cover who it applies to, what substances and behaviors are banned, when and where it applies, whether and how you test, the consequences of a violation, and how someone can appeal.

Step 3: Tell employees before you test

Give every affected employee the policy before testing starts. SAMHSA suggests using orientation, the employee handbook, posters and supervisor training. Some states set specific notice rules. Minnesota, for example, requires written notice of the policy to affected employees and a posted notice that copies are available.

Step 4: Decide when you will test

Most programs use some mix of these. Your policy should say which ones you use, and state law may limit them.

Pre-employment: usually after a job offer and before the person starts. Minnesota requires the offer to come first.
Reasonable suspicion: when a supervisor observes specific signs of use or impairment and documents them.
Post-accident: after a workplace accident that meets the criteria in your policy.
Random: an unannounced draw from a pool of employees. Some states limit or ban it, as noted above.

Step 5: Choose a test panel

A panel is the list of drugs the lab screens for. A 5-panel and a 10-panel are common choices. You can also add an alcohol test, or a fentanyl test. Our guide to what a 10-panel drug test screens for lists each drug class.

If you hire in a state that limits cannabis testing, check before you order a panel that includes marijuana. Pact asks employers testing in New York, New Jersey or Rhode Island to call before ordering.

Step 6: Set up collection, lab and MRO review

The person goes to a collection site, gives a sample, and the lab tests it. A medical review officer then reviews the result before it reaches you. Federal DOT rules define an MRO as a licensed physician who reviews lab results and evaluates medical explanations for certain results. That review matters, because a prescription can explain a positive screen.

Pact's tests use Quest patient service centers for collection, and the lab and MRO review are included in the price.

Step 7: Keep results private and apply the policy the same way

Limit who sees results to people with a real need to know. Rhode Island, for example, requires results to be kept confidential except in narrow cases. SAMHSA advises protecting employees' confidentiality and making sure the policy is carried out fairly and consistently for all employees. Testing one person and not another in the same situation invites problems.

Drug-free workplace programs and workers' comp credits

Some states give a discount on workers' compensation premiums for a certified drug-free workplace program, and some tie public contracts to one. Each state sets its own requirements, which can include a written policy, employee education, supervisor training and testing. Pact lists the 16 states that offer a premium discount, with each state's rules, at pactcompliance.com/drug-free-workplace/.

What it costs with Pact

You can order a single drug test online: $40 for a 5-panel or 10-panel, $50 for a drug test with alcohol, or $89 for a 5-panel with fentanyl. The Quest collection, lab and MRO review are included. Online orders are for pre-employment and other one-time tests. For random testing, open an employer account. It has no monthly fee and takes about five minutes. Random testing is included with an account.

5-panel or 10-panel: $40
Drug test with alcohol (one urine test): $50
5-panel with fentanyl: $89
Alcohol test on its own: $69 (employer account)

Common questions

Is drug testing employees legal?

In most states, yes, within limits. State law decides when you can test and for what. Some states, such as Vermont and Rhode Island, sharply limit testing current employees. Check your state's law or ask an attorney.

Do I need a written drug testing policy?

Some states require one. Minnesota does not allow testing without a written policy that meets its minimum contents. Even where it is not required, SAMHSA calls a written policy the cornerstone of a program.

Can I test employees for marijuana?

It depends on the state. California bars penalizing people for nonpsychoactive cannabis metabolites, New York's Department of Labor says employers generally cannot test for cannabis, and Minnesota limits cannabis testing of applicants. Check before you order a panel that includes marijuana.

Can I do random drug testing?

In many states, under a written policy. Vermont bars random testing unless federal law requires it. Rhode Island allows testing employees only on documented reasonable grounds. Minnesota limits random testing mainly to safety-sensitive jobs.

What does it cost to start?

With Pact, an employer account is free with no monthly fee. A 5- or 10-panel test is $40. You can also order a single $40 10-panel test online without an account.

Is this legal advice?

No. This is general information. Talk to an employment attorney about the rules where your employees work.