What are the restrictions on employee drug testing?

In California, employers are generally allowed to drug test their employees; however, the employer must follow certain laws and restrictions when doing so. First, an employer must tell an employee beforehand that drug testing is part of the job and obtain written consent from the employee. An employer must also make sure the drug test is done in a fair and impartial manner. In California, employers must also make sure that employee drug tests are accurate, valid, and follow the standards set by the Substance Abuse and Mental Health Services Administration. If a drug test is found to be invalid, it can’t be used to make any employment decisions. Employers in California also can’t require a job applicant to take a drug test before an offer of employment is made. There are additional restrictions on drug tests depending on the type of job being done. For example, employers can’t test workers in many safety-sensitive jobs, such as in transportation or nuclear power plants, until after a job offer has been made. Additionally, employers are prohibited from testing employees who use legal medical marijuana in California. Finally, employers should keep test results confidential. They should only be shared with the employees involved, medical or legal personnel, or those with a need to know.

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What are the restrictions on employee drug testing?

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