Employee drug testing may not be common in other countries, but here in the United States, it is a hallmark of good practice. A full 56% of employers require workers to take pre-employment drug tests, with similar numbers performing random drug tests at work throughout employment.
It’s safe to say that drug testing kits are now one of the essential office gadgets for employers. Drug tests are a way to ensure safety for employees and customers, as well as gaining drug-free workplace incentives from the government. However, if you haven’t performed random drug testing on your workers yet, you need to know the legal landscape.
The laws are in flux, so being up to date on what you can and can’t do is essential. Here’s everything you need to know about employee drug testing laws.
Employee Drug Testing Laws Differ By State
The first thing you need to know is that random drug testing laws vary depending on which state you’re in. There is no federal law for mandating employee drug testing.
Some states like California only allow it if the employer is a state agency. Many states only allow drug testing if there is plenty of advance warning and if the test itself is carried out in a state-approved laboratory.
Make sure to check the regulations for your state before committing to testing.
Pre-Employment Drug Testing
When it comes to pre-employment drug testing, the law is a little more consistent. Generally, all forms of testing fall under employment background screening, which means that it is entirely up to the discretion of the employer.
Only once an employee is at work do the laws and regulations tend to change. You will, of course, have to give notice to potential employees and let them know before they attend that any job offer is conditional on passing a drug test.
You cannot subject a person who doesn’t work for you to a drug test with no prior warning and they are entitled to refuse.
Can an Employee Refuse?
Random drug testing in the workplace is very common, so employees should know to expect it. However, it is also common for employees to refuse to submit to a test.
This may be because of concerns related to privacy, as a test may feel invasive or undignified. In addition, the legalization of marijuana in several states has changed attitudes toward testing for this specific drug.
However, refusing a drug test has consequences, which are largely determined by the employer. While an employee cannot face legal action for refusing a drug test in most professions, they can and often do face immediate termination.
You are entitled to act in accordance with company policy. This could mean termination, loss of employee bonuses or a formal warning. The decision is largely yours, but you cannot physically force anybody to do something they don’t want to.
Workplace Substance Abuse Regulations
There are different kind of laws as discussed earlier in different state. But overall policies employers set at the workplace almost remain same.
Both federal and state laws have standard laws for the drug at the workplace. Employee drug testing laws prohibit the use of alcohol or drug in any case. They can fire the employee who are engaged in illegal drug use.
Conclusion: Employee Drug Testing Laws Guide
America’s business legal landscape is changing constantly. To stay on top, you’ll need all of the latest updates and information. Make sure to follow our business section to keep updated on employee drug testing and every other business topic you can think of.