Can an employer require drug testing?

In Texas, an employer can require drug testing, as long as they follow the Drug-Free Workplace Act. This Act requires employers to have a written policy that outlines the drug testing procedures and that all employees must sign. The employer must also provide a notice to all applicants informing them that they may have to undergo a drug test upon hire. Furthermore, the employer must use a specific drug testing facility that is certified by the Department of Health and Human Services. Drug tests can be conducted upon hire, and from time to time after the employee is hired. However, the employer must have reasonable suspicion to drug test an employee and must apply the same procedures to all employees when conducting random drug tests. If an employee tests positive for drugs, the employer is only allowed to take disciplinary action if it is in accordance with the policy that the employee signed. This means that the employer must provide a warning to the employee as a first step, and allow them to correct the issue before taking any additional steps. In summary, an employer can require drug testing in Texas as long as they follow the Drug-Free Workplace Act and have a written policy in place that outlines the procedures. Furthermore, they must have reasonable suspicion to drug test an employee, and must take disciplinary action in accordance with their policy.

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Can an employer require drug testing?

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