Senate Bill 327 Alabama 2026 Session

Summary

Primary Sponsor

Robert L. StewartSenator

Democrat

Session

2026 Regular Session

Title

Employee drug testing; employee notice requirements revised

Summary

SB327 would require Alabama employers with drug or alcohol testing policies to clearly inform and post notices to employees, notify about changes, and encourage rehabilitation for positive tests, with specific timing and content requirements.

What This Bill Does

The bill requires verbal and written notice to all employees about the substance abuse policy, and posting of the policy in a prominent place; changes to the policy must be announced at least 10 days before they take effect. It also requires notices to be provided for job vacancies and for new hires, and sets a 60-day notice gap for employers without an existing program established before July 1, 1996. It encourages rehabilitation for employees who test positive, requires information about help resources, and allows a positive-test employee to contest the result within five working days after notification; it also clarifies that having a policy does not automatically require testing and that Drug-Free Workplace Program employers may be exempt from certain provisions.

Who It Affects

• Employers in Alabama that have a drug or alcohol testing policy (including those covered by the workers' compensation law): must provide verbal and written notice to all employees, post the policy, inform employees of changes at least 10 days in advance, post notices in vacancy announcements, and maintain policy postings and copies.
• Employees and job applicants subject to testing: must receive notice and access to the policy, be informed about the types of testing and consequences, be told about rehabilitation options, and have the chance to contest a positive result within five working days after notification.

Key Provisions

• Notice and posting: prior to testing, all employees and job applicants must be notified; at hiring, employees must be verbally informed; a written policy must be provided containing testing types, actions for positive results, confidentiality, consequences of refusing a test, and information about an Employee Assistance Program (if offered).
• Change notices: if the policy is revised, employers must give at least 10 days notice before the change takes effect using paper delivery, electronic transmission, or posting in a prominent location.
• Vacancies and posting: employers must include notice of testing in job vacancy announcements and post the full policy in a conspicuous area with copies available for inspection.
• 60-day rule for new programs: employers without a substance abuse program in effect on July 1, 1996 must allow at least 60 days between a general notice and the start of actual testing; those with programs in place before that date are not required to follow this 60-day gap.
• Content of written policy: the policy must include the types of testing that may be required, actions for positive results, confidentiality, consequences of refusing testing, and information about rehabilitation resources or programs.
• Employee assistance and resources: if an employer has an Employee Assistance Program, they must inform employees about its benefits and procedures; if not, the employer must maintain a resource file of providers and post a listing of available providers.
• Rehabilitation encouragement: before terminating an employee with a confirmed positive test, the employer must encourage rehabilitation.
• No creation of a testing duty: the law is not a mandate to test or to test in a particular way; it only applies to those employers that already have a drug or alcohol testing policy.
• Exemption for Drug-Free Workplace Program employers: provisions do not apply to employers subject to the Drug-Free Workplace Program under the state code.
• Effective date: the act becomes effective on October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Labor & Employment