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.

Related FAQs

What is the difference between an employee handbook and an employment contract?
What is the difference between salaried and non-salaried employees?
Are employers allowed to pay tipped employees less than minimum wage?
Are employers allowed to require employees to work additional hours without pay?
What are the differences between regular pay and overtime pay?
What are the rules for paying overtime?
What is the difference between a minimum wage law and a living wage law?
Are employers allowed to withhold wages from employees?
Are employers allowed to pay employees differently based on their job duties?
Are employers required to provide sick leave to employees?

What are the restrictions on employee drug testing?

Related FAQs

Related Blog Posts