Employee drug testing; employee notice requirements revised

SB327 INTRODUCED
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SB327
4UC1KI3-1
By Senators Stewart, Coleman, Hatcher, Figures
RFD: Fiscal Responsibility and Economic Development
First Read: 25-Feb-26
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4UC1KI3-1 02/17/2026 GP (L)lg 2026-855
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First Read: 25-Feb-26
SYNOPSIS:
Under existing law, employers subject to the
Alabama Workers' Compensation Law are required to meet
certain standards relating to substance abuse testing
of employees and job applicants, including notice
requirements.
This bill would require any employer with a drug
or alcohol testing policy, including those subject to
the Alabama Workers' Compensation Law, to provide
verbal and written notice to all employees of the
policy and post the policy in a prominent employee
access area.
This bill would require employers to similarly
notify employees of any subsequent changes to the drug
and alcohol policy at least 10 days before the change
is effective.
This bill would also require employers to
encourage employees who test positive for drugs or
alcohol in violation of policy to seek rehabilitation.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to employee drug testing; to amend Sections
25-5-334 and 25-5-336, Code of Alabama 1975; to further
provide for notice requirements for employer drug or alcohol
testing policies; and to require employers to encourage
employees who test positive for drugs or alcohol to seek
rehabilitation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 25-5-334 and 25-5-336, Code of
Alabama 1975, are amended to read as follows:
"§25-5-334
(a)(1) One time only, prior to testing, all employees
and job applicants for employment shall be given a notice of
testing.
(2) Upon hiring an employee, the employer shall
verbally inform the employee of the substance abuse testing
program including, at a minimum, the types of substance abuse
testing an employee may be required to submit to and the
actions the employer may take against an employee on the basis
of a positive test result.
(3) In addition, employers shall provide all employees
shall be given with a written policy statement from the
employer which contains all of the following:
a.(1) A general statement of the employer's policy on
employee substance abuse which shall identify both of the
following :
1.a. The types of testing an employee or job applicant
may be required to submit to, including reasonable suspicion
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SB327 INTRODUCED
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may be required to submit to, including reasonable suspicion
or other basis used to determine when the testing will be
required.
2.b. The actions the employer may take against an
employee or job applicant on the basis of a positive confirmed
test result.
b.(2) A statement advising an employee or job applicant
of the existence of this article.
c.(3) A general statement concerning confidentiality.
d.(4) The consequences of refusing to submit to a drug
test.
e.(5) A statement advising an employee of the Employee
Assistance Program, if the employer offers the program, or
advising the employee of the employer's resource file of
assistance programs and other persons, entities, or
organizations designed to assist employees with personal or
behavioral problems.
f.(6) A statement that an employee or job applicant who
receives a positive confirmed test result may contest or
explain the result to the employer within five working days
after written notification of the positive test result.
g.(7) A statement informing an employee of the
provisions of the federal Drug-Free Workplace Act, if
applicable to the employer.
(b) An employer not having a substance abuse testing
program in effect on July 1, 1996, shall ensure that at least
60 days elapse between a general one-time notice to all
employees thatbefore a substance abuse testing program is
being implemented and the beginning of the actual testing. An
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being implemented and the beginning of the actual testing. An
employer having a substance abuse testing program in place
prior to July 1, 1996, shall not be required to provide a
60-day notice period.
(c)(1) An employer shall include notice of substance
abuse testing on vacancy announcements for those positions for
which testing is required. A notice of the employer's
(2) Each employer shall post a copy of its substance
abuse testing policy shall also be posted in an appropriate
and conspicuous location on the employer's premises which is
in a prominent employee access area , and make copies of the
policy shall be made available for inspection by the employees
or job applicants of the employer during regular business
hours in the employer's personnel office or other suitable
locations.
(3) All testing conducted by an employer shall be in
conformity with the standards and procedures established in
this article and all applicable rules adopted by the
stateAlabama Department of LaborWorkforce pursuant to this
article.
(4) Notwithstanding the foregoing, an employer shall
not have a legal duty under this article to request an
employee or job applicant to undergo testing.
(d) In addition to the notice required by subsection
(a), if an employer revises its written policy, the employer
shall provide employees with at least 10 days' notice before
the effective date of the change using the following methods:
(1) Providing a paper copy of the policy to each
employee.
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employee.
(2) Electronically transmitting a copy of the policy
through an e-mail or by posting on the employer's website or
intranet site.
(3) Posting a copy of the revised policy in a prominent
employee access area, provided the revisions are emphasized in
the posting. "
"§25-5-336
(a) If an employer has an employee assistance program,
the employer shall inform the employee of the benefits and
services of the employee assistance program. In addition, the
employer shall provide the employee with notice of the
policies and procedures regarding access to and utilization of
the program.
(b)(1) If an employer does not have an employee
assistance program, the employer shall comply with both of the
following maintain :
a. Maintain a resource file of providers of other
employee assistance , including drug and alcohol abuse
programs, mental health providers, and other persons,
entities, or organizations available to assist employees the
employee with personal or behavioral problems and shall notify
the employee of the availability of the resource file. In
addition, the employer shall post
b. Post in a conspicuous place a listing of providers
or employee assistance in the area.
(2) Before any employer may terminate an employee who
has a confirmed positive test in violation of the employer's
policy, the employer shall encourage that employee to seek
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policy, the employer shall encourage that employee to seek
rehabilitation. "
Section 2. (a) This section shall not apply to
employers subject to the Drug-Free Workplace Program, as
provided in Article 13, Chapter 5 of Title 25, Code of Alabama
1975.
(b)(1) Any employer with a drug or alcohol testing
policy shall notify all employees of the policy using all of
the following methods:
a. Verbally informing the employee of the policy upon
his or her hiring.
b. Providing the employee with a paper copy of the
policy upon his or her hiring.
c. Posting a copy of the policy in a prominent employee
access area.
(2) For employees who were hired before October 1,
2026, each employer shall provide the notice required by
paragraphs (1)a. and (1)b. not later than November 1, 2026.
(3) The notice required by this subsection shall
include, at a minimum, the types of testing an employee may be
required to submit to and the actions the employer may take
against an employee on the basis of a positive test result.
(c) If any employer who implements a drug or alcohol
testing policy changes its policy, the employer shall provide
employees with at least 10 days' notice before the effective
date of the change using the following methods:
(1) Providing a paper copy of the policy to each
employee.
(2) Electronically transmitting a copy of the policy
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(2) Electronically transmitting a copy of the policy
through an e-mail or by posting on the employer's website or
intranet site.
(3) Posting a copy of the revised policy in a prominent
employee access area, provided the revisions are emphasized in
the posting.
(d) Before any employer may terminate an employee who
has a confirmed positive test in violation of the employer's
policy, the employer shall encourage that employee to seek
rehabilitation. The employer may, but is not required to,
provide such an employee with a list of alcohol or other
substance abuse programs and contact information for other
community organizations available to assist employees with
personal or behavioral problems.
(e) This section may not be construed to:
(1) Require or otherwise create a legal duty on any
employer to conduct drug or alcohol testing on employees; or
(2) Encourage, discourage, restrict, limit, prohibit,
or require drug or alcohol testing of employees.
Section 3. This act shall become effective on October
1, 2026.
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