Department of Labor Announces Final Rule for Unemployment Insurance Drug Testing

As of early October, the U.S. Department of Labor issued its final rule for drug testing potential employees. The new rule will supposedly provide greater flexibility and broader coverage than the previous rule.

On October 3, 2019, the Department of Labor published a final rule on unemployment drug testing. The rule will give greater flexibility to states as they identify the occupations for which they will conduct drug testing in the unemployment insurance (UI) program.

“The flexibility offered in the new rule respects state differences with regard to employment drug testing across our country,” said Assistant Secretary for Employment and Training John Pallasch. “This rule lays out a standard that states can individually meet under the facts of their specific economies and practices.”

The rule’s reported flexibility allows states to make decisions based on their specific situations. For example, the rule would permit (not require) states to test unemployment compensation (UC) applicants for whom suitable work is only available in an occupation where drug testing is regularly conducted.

The rule also allows states to identify additional occupations where employers conduct drug testing as a standard eligibility requirement for obtaining or maintaining employment in the identified occupation in that state. States are able to adjust and re-assess which occupations are included in this consideration, even though the final rule also maintains that any occupation listed in the rescinded 2016 final rule is among those that are drug tested.

Other laws and acts affect the consideration of drug testing for unemployed individuals, though. The Middle Class Tax Relief and Job Creation Act of 2012 amended the Social Security Act to allow states to conduct drug testing for a specific group of UC applicants: those for whom work is only available in an occupation that regularly conducts drug testing. This new rule fulfills the Department’s requirement to identify occupations that regularly conduct drug testing.

This new rule follows a 2017 resolution of disapproval, passed by Congress and signed by the President, which revoked a previous rule aimed at issuing a one-size-fits-all standard on states identifying occupations for regular drug testing.

For more information, read the Employment & Training Administration’s news release on the topic.

Product Showcase

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

  • Magid® D-ROC® GPD412 21G Ultra-Thin Polyurethane Palm Coated Work Gloves

    Magid’s 21G line is more than just a 21-gauge glove, it’s a revolutionary knitting technology paired with an advanced selection of innovative fibers to create the ultimate in lightweight cut protection. The latest offering in our 21G line provides ANSI A4 cut resistance with unparalleled dexterity and extreme comfort that no other 21-gauge glove on the market can offer! Read More

  • EMSL Analytical, Inc. - Air Sampling Supplies & Testing Labs

    EMSL Analytical, Inc. operates laboratories throughout the United States and Canada. EMSL is a nationally recognized and locally focused provider specializing in fast laboratory results for Asbestos, Mold, Silica, Lead & Metals, Bacteria, Legionella, USP , Combustion By-Products, VOC’s, Radon, PCB’s, Formaldehyde, METH/Fentanyl, Identification of Dust & Unknowns. Sampling Pumps, Cassettes, Media & Supplies available. Reach us at 1-800.220.3675 Read More

Featured