Drug Testing Laws in Nebraska

State law (Nebraska): The act shall not be construed to require employers to conduct drug and alcohol testing, and does not determine the cases or circumstances in which such tests may be given Source 1State legislatureNeb. Rev. Stat. §48-1903 — confirmation required before adverse action — checked 18 Aug 2026.

State law (Nebraska): What it does regulate is what a result can be used for. A positive finding of drugs by preliminary screening procedures may not support adverse employment action unless it has subsequently been confirmed by gas chromatography-mass spectrometry or other scientific testing technique Source 1State legislatureNeb. Rev. Stat. §48-1903 — confirmation required before adverse action — checked 18 Aug 2026.

State law (Nebraska): Confirmatory tests other than breath tests must be performed by facilities certified under the federal Clinical Laboratories Improvement Act of 1967 Source 1State legislatureNeb. Rev. Stat. §48-1903 — confirmation required before adverse action — checked 18 Aug 2026. No employee-count threshold appears in the section.

State law (Nebraska): Alcohol has its own confirmation route: gas chromatography with a flame ionization detector, or a breath-testing device operated by a qualified operator Source 1State legislatureNeb. Rev. Stat. §48-1903 — confirmation required before adverse action — checked 18 Aug 2026.

State law (Nebraska): And the provision to act on: an employee may request blood test confirmation of a breath result, and if the blood test does not confirm a violation, any disciplinary or administrative action shall be RESCINDED Source 1State legislatureNeb. Rev. Stat. §48-1903 — confirmation required before adverse action — checked 18 Aug 2026.

Employer policy: Rescinded, not merely reconsidered. If you were disciplined on a breath reading in Nebraska and a blood test does not bear it out, the statute describes an outcome rather than a discretion.

Federal (DOT): A DOT-regulated test is governed federally, with its own confirmation methods, laboratory certification and split-specimen process. Nebraska's blood-test rescission route is a state creature and does not apply to a federal alcohol test.

What we have not read: sections 48-1902 and 48-1904 to 48-1910 of the same act, which may address notice, confidentiality, sample handling or remedies. This page rests on the confirmation section and the statement of purpose. Treat topics missing below as unread rather than absent.