Do corporate employees get drug tested?

In most cases it is legal for employers to test employees for drugs. No Federal laws prohibit the practice. However, there are several states that restrict or question an employer’s ability to randomly drug test employees who are not in safety-sensitive positions.

Can a employee refuse to take a drug test?

The question on whether an employee can refuse a workplace drug test was put under the microscope by the Fair Work Commission in 2013 when an employee filed for unfair dismissal. The employee, Raymond Biggs, was sacked after he refused to take a workplace drug test.

Why did Raymond Biggs refuse a drug test?

The employee, Raymond Biggs, was sacked after he refused to take a workplace drug test. More specifically, he refused to undergo urine testing for drugs, primarily because he was concerned that urine testing could reveal historic drug use rather than a determination of fit for work.

Do you have to have a reasonable suspicion to take a drug test?

In these states, an employer might need to have a reasonable suspicion of drug use, or it may be allowed to test only employees in safety-sensitive positions. To find out what your state allows and prohibits, select it from the list at State Laws on Drug Testing.

Can a employer force you to take a blood test?

An employer can’t force you to take a blood test, in a physical sense. In other words, an employer may not hold you down and take blood against your will, or lock you in the restroom until you produce a urine sample.

What should you do if an employee refuses a drug test?

Generally speaking though, if your state allows you to drug test your employees, you can terminate them if they refuse to take a drug test. Moreover, like the DOT, you can stipulate what warrants a refusal to test. As previously mentioned, you need to have the refusal to test guidelines specified in your drug testing policies and procedures.

Can you sue your employer for drug testing?

Those laws may prohibit certain types of testing that are required by DOT. Some state and local drug testing laws provide aggrieved employees with a private right of action to sue their employers, along with significant financial remedies. 2. Not realizing that state and local drug testing laws vary widely.

Can a non-DOT regulated employee be drug tested?

This is a serious mistake because drug and alcohol testing of non-DOT-regulated employees is instead governed by applicable state and local laws. Those laws may prohibit certain types of testing that are required by DOT.

Is it legal for private employer to require drug testing?

Most state laws are similar to federal laws and generally maintain the legality of drug testing for state employees. Many private employers require that their employees undergo drug testing. State and local laws vary in the way that they protect private employees’ privacy.