Moreover, the new law provides for certain contract-based exceptions. Specifically, the new law will permit employers to reject applicants who test positive for marijuana if they apply for positions as: 1) a firefighter or emergency medical technician, as each are defined in Chapter 450B of the Nevada Revised Statutes 2) a position requiring an employee to operate a motor vehicle, if federal or state law would require the employee to submit to screening tests for that position or 3) a position that, “in the determination of the employer, could adversely affect the safety of others.” The law does not provide further guidance as to what factors employers should consider when making the determination as to whether a job classification qualifies as a safety risk. 132 does not apply to applicants who apply for certain positions. The new law has two primary effects: 1) it makes it unlawful for Nevada employers to fail or refuse to hire a prospective employee because the applicant submitted to a screening test and the results of the test indicate the presence of marijuana and 2) it provides employees who test positive for marijuana with the right to, at their own expense, rebut the original test results by submitting an additional screening test within the first 30 days of employment.Ī.B.
132” or the “new law”), which is the first state law to curb pre-employment marijuana drug tests. On June 5, 2019, Nevada Governor Steve Sisolak signed into law Assembly Bill No.
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