What are the restrictions on employee drug testing?

In Virginia, employers are allowed to screen prospective and current employees for drug or alcohol use. There are several restrictions on employee drug testing set out in the state’s wage and hour law. First, employers must obtain written consent from the employee before conducting a drug test. This consent must be voluntarily given by the employee in advance of the test. Refusal to take the test or failure to provide consent can be grounds for refusal to hire or termination. Second, employers are not permitted to conduct random drug tests without a “reasonable suspicion” that the employee is using or has used drugs or alcohol. This reasonable suspicion must be based on specific, observable behavior. Third, drug tests must be conducted by a laboratory certified by the Virginia Department of Health. The laboratory must use recognized testing procedures and report the results to the employer. Fourth, results of a drug test must be kept confidential. This means that employers cannot disclose the results to anyone other than the employee. Finally, employers can only use drug test results in connection with employment-related decisions. This means that employers must consider other factors when deciding whether to hire or terminate an employee. Overall, employers in Virginia must abide by certain restrictions when conducting employee drug tests in order to ensure that employees’ rights and privacy are respected.

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What are the restrictions on employee drug testing?

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