Workplace Drug Testing Laws in Rhode Island

The state of Rhode Island is considered a mandatory drug testing law state. If employers wish to conduct drug and alcohol testing for workplace purposes, they will be required to comply with state drug testing legislation.

For example, under Rhode Island employment drug screening laws, an employer is only allowed to request a prospective employee drug test once a conditional employment offer has been made. Failing to comply with workplace drug testing laws in Rhode Island can result in the employer facing penalties and possible repercussions.

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Rhode Island Drug Testing Compliance

Rhode Island Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Specimens Tested Workplace drug testing laws in Rhode Island allow the collection of urine, blood, or any other bodily fluids or tissues for applicant and employee drug screening purposes.
Testing for Alcohol Under current Rhode Island employment drug screening laws, there are no statutes that prohibit employers from conducting workplace alcohol testing.

Conditional Rhode Island Drug Testing Laws

Drug Test Issue Remarks
Recreational Marijuana

As of May 25, 2022, recreational marijuana has been legalized for people over the age of 21 according to the Cannabis Act signed by Governor Daniel McKee. Notably, this new law does not require that employers allow the use of marijuana in the workplace, but prohibits employers from taking disciplinary action for marijuana use outside of the workplace. However, some exceptions apply for occupations that may impose high safety risks.

Instant or POCT Testing Under Rhode Island drug testing compliance laws, there is no drug testing legislation that prevents employers from using Instant or POCT devices for on-site testing purposes. However, Rhode Island drug testing legislation does state that positive results must be confirmed by a federally certified laboratory.
Workers Comp For purposes of workers' compensation, Rhode Island drug testing legislation only allows employers to conduct post-accident drug testing on the basis of reasonable suspicion. If it is proven that the employee was intoxicated at the time of the accident, compensation shall not be allowed under Rhode Island Labor Code § 28-33-2.
Substances Screened Currently, Rhode Island employee drug testing law does not define specifically what controlled substances can and cannot be screened for the applicant and employee drug testing purposes. However, an employee who is a medical marijuana patient cannot be penalized by an employer for their status as a medical marijuana cardholder.
Laboratories While workplace drug testing laws in Rhode Island do not define laboratory requirements for initial drug tests, drug testing legislation does require any positive drug test to be confirmed by a federally certified laboratory.

Rhode Island Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Medical Marijuana The state of Rhode Island legalized the medical use of marijuana for adult patients in 2006 Workplace drug testing laws in Rhode Island state that no employer may refuse to employ, or otherwise penalize, an employee or applicant solely for their status as a medical marijuana cardholder.
Random Testing Workplace drug testing laws in Rhode Island do not allow employers to conduct random drug and alcohol testing, and rather only allow workplace testing during instances of reasonable suspicion. Bear in mind, there are exceptions in place for safety-sensitive sectors where random testing is permitted.

Other Services We Provide in Rhode Island

If you're looking for drug testing information related to a specific city in the state of Rhode Island, try taking a look at our Rhode Island clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.

We also offer Rhode Island Background Checks. For more information, visit our Rhode Island background check page.

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.

Citations

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Guerin, Lisa. "Drug Testing Laws in Rhode Island." NOLO, https://www.nolo.com/legal-encyclopedia/drug-testing-laws-rhode-island.html
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"§ 28-6.5-2. Testing of prospective employees." Rhode Island Legislature, http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-6.5/28-6.5-2.htm
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"The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act." Rhode Island Legislature, http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28.6/21-28.6-4.HTM
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"§ 28-6.5-1. Testing permitted only in accordance with this section." Rhode Island Legislature, http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-6.5/28-6.5-1.htm
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"Drug and Alcohol Testing Policies: What You Need to Know." WD and Associates, https://www.wdandassociates.com/blog/drug-and-alcohol-testing-policies-what-you-need-to-know
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"§ 28-33-2. Injuries occasioned by willful intent or intoxication." Rhode Island Legislature, http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-33/28-33-2.htm