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Is it legal for an employer to drug test an employee?

Is it legal for an employer to drug test an employee?

Many states — and even some local governments — do regulate drug testing, however. Often, the rules depend on whether the employer wants to test an applicant or an employee. Generally speaking, state laws typically allow employers to test applicants for drugs.

How does random drug testing work in the workplace?

Random: Random testing involves selecting a number of employees at random at regular intervals and testing them.

When to start drug testing in the workplace?

Consider drug testing prior to a new hire’s start date for positions that involve safety concerns such as driving, positions that interact with children, or for employees that operate heavy or dangerous machinery. Assign a protocol to keep results confidential. Ensure the employee that reviews results received HIPAA training.

Where do I have to go for random drug testing?

These employees are typically contractors of the railroads and the employees work on or near the rail tracks. The required random testing for this group of employees is 50% for drugs and 25% for alcohol.

What are the laws on random drug testing?

FMCSA law stipulates that an employer must perform random drug tests and must test for drugs within 24 hours of all fatal accidents. An employer must also perform a drug test and obtain a negative result before any new hire is allowed to drive or perform any safety-sensitive function.

Is random drug testing right for your business?

For employers or employees wondering when random drug testing is allowed, the answer is simple; random drug testing is permissible at any point in an individual’s employment. Of course, there are certain limitations to random drug testing in the workplace:

Is random drug testing allowed in the workplace?

There are some circumstances in which drug testing is allowed , though they are rare and very specific. 1. Extremely dangerous workplaces: Universal random drug testing would only be acceptable in workplaces that can be shown to be extremely dangerous and where a worker’s impairment would likely result in catastrophe. For example, airline pilots.

Can you refuse random drug testing at work?

In a nutshell, yes, you can refuse a random drug test. It is within your rights to do so, especially if you’re not working in a safety-sensitive industry. Although some states allow it, there are currently no federal laws on drug testing in the workplace.

Can a random drug test be done at work?

These tests must be genuinely random, it is potentially discriminatory to target an individual or group of employees for testing. As long as it is written into the employment contact, a company is able to test all or some of their employees on a random basis. Can you refuse to take a drug or alcohol test at work?

Is it legal to test for alcohol in the workplace?

Drug and alcohol testing in the workplace is legal as long as it is administered fairly, however, it is not enforceable by law; you can refuse to partake in a drug or alcohol test. Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job.

Can a person be fired for taking a drug test?

Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test. Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive.

When does an employer need to do a drug test?

Picking and choosing which applicants to require a drug test for can look like discrimination if a protected class is inadvertently targeted. Employers may also conduct drug testing when they have a reasonable suspicion that an employee may be under the influence of drugs or alcohol.

Can a non-DOT regulated employee be drug tested?

This is a serious mistake because drug and alcohol testing of non-DOT-regulated employees is instead governed by applicable state and local laws. Those laws may prohibit certain types of testing that are required by DOT.

Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test. Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive.

Drug and alcohol testing in the workplace is legal as long as it is administered fairly, however, it is not enforceable by law; you can refuse to partake in a drug or alcohol test. Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job.