Can an employer require drug testing?

In California, employers are generally allowed to require drug testing of their employees, as long as they follow certain rules. Both the California Fair Employment and Housing Act (FEHA) and the federal Drug-Free Workplace Act establish the basic parameters for drug testing, including who can be tested and when. In general, employers are allowed to test applicants before they are hired and may also require ongoing drug testing of employees, depending on the type of job they have. Drug testing may also be required when returning to work after a workplace accident or if an employer has reasonable suspicion that an employee is using drugs. Drug tests are typically done with a urine sample and typically screen for marijuana, cocaine, opiates, amphetamines, and PCP. However, employers may also choose to test for other drugs, including prescription medications. Employers are not allowed to single out any individual for testing and must have a written policy in place that is fair and applies to all employees. They must also provide clear information about the drug testing process, and give employees a chance to explain any positive results. Overall, drug testing by employers is allowed in California, as long as it is done in a consistent and non-discriminatory manner. Employers must also provide all necessary information about the drug testing process and how it will be conducted.

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