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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.
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment attorney sooner rather than later to protect your rights.