Are employers allowed to require drug tests?

Yes, employers are allowed to require drug tests in North Dakota. The North Dakota Department of Labor and Human Rights has issued a policy statement to employers on drug testing. According to the policy, employers may require drug testing for applicants and current employees; however, drug testing must be done pre-employment and at certain times during employment. Employers are allowed to conduct drug tests as an occupational safety measure or to meet certain government contracts. Employers must provide written notice to employees before testing, which will outline the purpose of the test, what drugs will be tested, and the consequences of failing the test. If an employee fails a drug test, employers are allowed to refuse to hire or terminate the employee. When conducting drug tests, employers must make sure that the tests are job-related and conformed with the North Dakota Drug Testing Act. The Act also requires employers to provide any necessary accommodations in order to keep the testing fair and unbiased. While employers in North Dakota are allowed to require drug tests, employers should be aware of the safeguards and constraints set in place by the Act. Being compliant with the Act is imperative in order to ensure fair testing and employee rights are respected.

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