For What Purpose Can An Employer Require Drug Testing?

Within the terms of the written policy, an employer may require the collection and testing of samples for any job­related purposes consistent with business necessity including:

1. Investigation of possible individual employee impairment.

2. Investigation of accidents in the workplace. Employees may be required to undergo drug testing or alcohol impairment testing for accidents if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident.

3. Maintenance of safety for employees, customers, clients or the public at large.

4. Maintenance of productivity, quality of products or services or security of property or information.

5. Reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment.

In addition, employees may be required to undergo drug testing on a random basis. If an employer institutes a policy of drug testing or alcohol impairment testing, all compensated employees including officers, directors and supervisors shall be uniformly included in the testing policy.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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