Privacy Law Library

Workplace Drug and Alcohol Testing

Nebraska Workplace Drug Testing Law

Employees · Health

Nebraska does not require workplace drug testing, but employers that test must confirm positive screens with approved laboratory or breath-test methods before acting on them, preserve positive specimens, keep a chain of custody, and keep results confidential.

Where
Nebraska
Citation
Neb. Rev. Stat. 48-1901 to 48-1910
Status
In force
Enforced by
No administrative enforcer named; tampering offenses are prosecuted criminally
People can sue
No
Penalties
Unconfirmed test results cannot be used for discipline or termination (48-1903). Tampering with or substituting body fluids is a Class I misdemeanor (48-1908, 48-1909).
Applies to
  • Employers doing business in Nebraska with six or more full- and part-time employees, including the state and political subdivisions, that choose to test employees (48-1902(8))

Practices it requires

  • Do not use a positive drug or alcohol screen for discipline or termination unless it is confirmed by an approved method (such as GC-MS) at a CLIA-certified lab or by a certified breath test operator.Neb. Rev. Stat. 48-1903
  • Refrigerate and preserve positive specimens for at least 180 days and keep a written chain of custody.Neb. Rev. Stat. 48-1904; 48-1905
  • Do not release or disclose test results to the public; release only as required by law, to the employee on request, or to staff who need to know.Neb. Rev. Stat. 48-1906

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: effective_date null: enacted by Laws 1988, LB 582; date not confirmed. Last amended by Laws 2010, LB861 (definitions); date not confirmed.

Research reference, not legal advice.