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The ADA permits employers to comply with other federal laws and regulations that relate to drug and alcohol use. These federal standards include the Drug Free Workplace Act and standards established by the Department of Transportation, Department of Defense, and the Nuclear Regulatory Commission relating to testing safety-sensitive employees for drug use, and in some cases, alcohol use. The standards established by these other federal laws and rules are consistent with the ADA and, generally do not restrict the rights of individuals in safety-related jobs beyond what the ADA permits.

The drug testing regulations, in particular, cover a fairly narrow set of employees whose jobs directly affect safety. They require employees to comply with restrictions on off-duty drug and alcohol use and prohibit individuals who violate drug or alcohol rules from holding safety-sensitive jobs. The regulations give employers the right to determine when individuals who have tested positive for drug or alcohol may return to work in the safety-related position.

Apart from these standards, the ADA does not permit employers to treat individuals with past drug or alcohol impairments who hold safety-related jobs any differently from other employees.

This publication was developed by Ellen. M. Weber, Co-Director of National Policy of the Legal Action Center, 236 Massachusetts Avenue, NE, Suite 510, Washington, DC 20002, 202/544-5478.

-- Funding Source --
This material was produced by the Program on Employment and Disability, School of Industrial and Labor Relations - Extension Division, Cornell University, and funded by a grant from the National Institute on Disability and Rehabilitation Research (grant #H133D10155). It has been reviewed for accuracy by the U.S. Equal Employment Opportunity Commission. However, opinions about the Americans with Disabilities Act (ADA) expressed in this material are those of the author, and do not necessarily reflect the viewpoint of the Equal Employment Opportunity Commission or the publisher. The Commission's interpretations of the ADA are reflected in its ADA regulations (29 CFR Part 1630) and its Technical Assistance Manual for Title I of the Act.

Cornell University is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA). However, you should be aware that NIDRR is not responsible for enforcement of the ADA. The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.

In addition to serving as a National Materials Development Project on the Employment Provisions of the Americans with Disabilities Act of 1990, the Program on Employment and Disability also serves as the training division of the Northeast Disability and Business Technical Assistance Center. This publication is one of a series edited by Susanne M. Bruyere, Ph.D., C.R.C., Director of the ILR Program on Employment and Disability at Cornell University.

-- Other Titles in this Implementing the ADA Series --
* Working Effectively with Persons who have Cognitive Disabilities
* Employment Considerations for People who have Diabetes
* Causes of Poor Indoor Air Quality and What You Can Do About It
* Working Effectively with Employees who have Sustained a Brain Injury
* Employing and Accommodating Workers with Psychiatric Disabilities
* Working Effectively with Individuals who are HIV-Positive
* Accommodating the Allergic Employee in the Workplace
* Workplace Accommodations for Persons with Musculoskeletal Disorders
* Working Effectively with People with Learning Disabilities
* Working Effectively with People who are Deaf or Hard of Hearing
* The Americans with Disabilities Act of 1990 and Injured Workers
* Employing and Accommodating Individuals with Histories of Alcohol and Drug Abuse
* Working Effectively with People who are Blind or Visually Impaired

For further information about publications such as these, contact the ILR Program on Employment and Disability, Cornell University, 102 ILR Extension, Ithaca, New York 14853-3901; or at 607/255-2906 (Voice), 607/255-2891 (TDD), or 607/255-2763 (Fax).

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