What are proper employer procedures for workforce drug testing? « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

What are proper employer procedures for workforce drug testing?

California employees have constitutional rights to privacy. Court decisions set out the line between an employer’s corresponding health and safety obligations to test for drugs and alcohol and the workers’ rights to be left alone. For example, an employer may usually conduct  “suspicion-less” drug testing at hiring, as long as it’s conducted across-the-boards. However, California prohibits random drug testing of employees once hired except under specific narrowly defined circumstances.

Employers should have clearly stated drug-free workplace policies specifically banning the workplace use, purchase/sale and influence of illegal drugs and alcohol. Policy should also plainly explain the circumstances in which the company will require drug testing as well as the disciplinary actions for policy violations. See also, “Drugs and Alcohol in the Workplace, Balancing Worker to Privacy with an Employer’s Rights to Protect Safety.”

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