Are employers allowed to administer drug tests on their employees?

In Virginia, employers are allowed to administer drug tests on their employees if they have clear policies in place for drug testing. These policies must be made known to employees and must entail a reasonable suspicion testing threshold. Additionally, the employer must make sure that any drug testing done is done in a way that respects the employee’s right to privacy. For example, employers are not allowed to randomly drug test their employees without providing a reasonable justification. Employers in Virginia are also allowed to ask employees to complete a drug screening test as a condition of their employment. However, an employee’s refusal to take a drug test will not result in the employer being able to terminate their employment, but can result in other appropriate action, such as a refusal to hire or promotion. Finally, employers in Virginia are only allowed to administer drug tests to current employees if there is a reasonable basis for conducting the test. If the employer believes there is a legitimate need to conduct the test, such as if there are safety concerns or the employee is exhibiting signs of on the job impairment, then the employer is allowed to drug test their employees.

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Are employers allowed to administer drug tests on their employees?

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