What are the restrictions on employee drug testing?

In Massachusetts, employers may drug test employees under certain circumstances and restrictions. Employers must provide written notice to employees that drug testing may take place, and the employee must provide written consent before the drug test is performed. Employers must also keep the drug-testing results confidential. Drug testing is limited to applicants who have been offered a job, or current employees who have been specifically identified for testing due to reasonable suspicion that the employee may be under the influence of drugs or alcohol while on the job. Furthermore, only tests approved by the Massachusetts Department of Public Health can be used. Refusal to submit to a drug test or a positive result can result in disciplinary action, including termination. However, employers must follow certain procedures when disciplining an employee based on drug testing results. These steps include providing the employee with a written notice of the test results, an opportunity to explain the results, and allowing the employee to offer evidence to dispute the results. Drug testing may be conducted as part of a pre-employment physical examination, but employers are required to pay for the cost of the test. Furthermore, employers are prohibited from discriminating against employees or applicants based on the results of the drug test. For example, employers may not refuse to hire an applicant based on a positive drug test result if the job does not involve safety or security related duties.

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What are the restrictions on employee drug testing?

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