Can my employer force me to have a drug test?
Although drug testing is often a part of the application process for many employers, whether an employer can require employees to undergo drug tests after they have already been hired and working for the employer is another matter altogether. In some states, this type of drug testing is not permissible, whereas in other states, it is widely practiced. Federal laws, such as the American with Disabilities Act and the Drug Free Workplace Act, also may impact an employer’s rights to conduct drug testing. If an employer wishes to require employees to undergo drug testing, and it is permissible under state law, however, the employer typically will have a detailed policy in place that permits the practice and outlines the relevant procedures. Likewise, drug testing may be more routine and/or legally permissible in situations where an impaired employee could cause serious injury to another in the course of his or her employment, and/or if an employee is suspected of drug usage while on the clock. Plus, some sorts of workers, such as government employees, may have fewer rights to oppose testing that the employees of a private employer.
Other Drug Tests FAQs
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Q:
Can An Employer Require A Drug Test?
A: Most private employers have the right to test for a wide variety of substances. However, it is important that employers familiarize themselves with the various state … More
