Alex Do you have to have probable cause for drug testing?
In the workplace, an employer usually must have reasonable suspicion or probable cause to single out a specific employee or group of employees for drug or alcohol testing outside of scheduled random testing. Targeting individual employees for testing when there is no probable cause may lead to charges of discrimination.
Can a company fire an employee for drug testing?
(Five states do not permit employers to fire an employee who tests positive for the first time.) 3. Not having a written policy. Many states do not have drug testing laws, and employers in those states often believe it is not necessary to have a written drug testing policy (for non-DOT-regulated employees).
Why do employers have to do random drug testing?
Employers can continue such policies as they have in the past. Because random drug testing is done on an entirely random basis at unannounced times, it serves as an effective deterrent to employee drug use. And if all employees are equally subject to random drug tests, there can be no allegation of discrimination.
Do you have to notify employees of positive drug test?
Some jurisdictions regulate the types of testing that may be conducted, the specimens and drugs that may be tested, the requirements for notifying employees of positive test results, as well as the disciplinary consequences that may be imposed for testing positive.
What are the concerns about employee drug testing?
Few areas of employer investigation cause as much concern to both employees and civil liberty groups as the increasing tendency on the part of employers to insist upon often invasive drug testing of employees and applicants for employment.
When to use reasonable cause for drug testing?
“Reasonable cause” exists when an employee exhibits patterns of behavior that suggest impairment from drug or alcohol use or when job performance or safety is affected.
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.
What does reasonable cause testing in the workplace mean?
Definition – What does Reasonable Cause Testing mean? Reasonable cause testing in the workplace refers to selectively performing a drug or alcohol test on an employee because an authorized supervisor, or other credible party, has reason to believe that the individual is under the influence of drugs or alcohol.