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A Rhode Island employer may require an employee to take a drug test only if there are reasonable grounds, based on specific observations, to believe the employee is using controlled substances that are impairing job performance. Testing is not allowed in any other situations.

An employer may not fire the employee on the basis of a positive drug test result, but must instead refer the employee to a licensed substance abuse professional. After the referral, the employer may require additional testing and may terminate the employee if those test results show that the employee is continuing to use drugs.

Rhode Island law provides that employers who violate the drug test provisions can be found guilty of a misdemeanor and subjected to fines and, in civil lawsuits, claims for punitive damages and attorney fees. In addition, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used

From: Workers paid for healthy choices

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