Pre-Employment Drug Testing Laws

Many public and private employers test prospective employees (and current employees) for drug and alcohol use. But these tests are not always legal. As an employer, balancing workplace safety and respecting people's rights is essential. This is especially true with alcohol testing, illegal drugs, and concerns related to drug abuse.

This article will discuss the regulations surrounding employee drug testing, drug-free workplace policies, random drug testing, and the conditions under which employers may test applicants before a job offer. Understanding these factors is essential for employers and job seekers.

Pre-Employment Drug Testing Laws and the US Supreme Court

The United States Supreme Court has ruled that blood and urine collection are minimally intrusive procedures, posing no harm to job applicants or employees when conducted in the workplace. But, privacy concerns arise when an employer demands a urine sample in the presence of others. This can be an invasion of privacy. But if there are reasonable suspicions of sample tampering, the employer may have one same-sex observer present during the sample collection.

Federal Law

The major federal law governing workplace substance abuse is the Drug-Free Workplace Act of 1988. This law says that any employer who receives federal grants or contracts must be drug-free. If not, it risks losing federal funding. The law doesn't have provisions that specifically allow workplace drug testing.

Other federal laws also touch upon drug use in the workplace. One is the Americans with Disabilities Act (ADA), which classifies alcoholism as a protected disability. Another is the Family and Medical Leave Act.

Specific federal agencies or departments may also have drug-testing policies in place. For example, the Department of Transportation requires drug testing of more than 8 million employees.

State Law

States also regulate workplace drug testing. Alaska, for example, doesn't have mandatory drug-testing laws. But, it enforces voluntary regulations for employers opting to conduct drug testing. In many states, employers have the legal right to test job applicants for drugs or alcohol. But applicants must know that testing is part of the interview process for all employees. Typically, testing doesn't happen until the employer makes a job offer. Understanding federal and state laws is crucial for employers and employees navigating workplace drug screening.

Testing Limits: Selective Testing, Test Types, and Covert Tests

An employer may face legal difficulties if it chooses to test only certain applicants for a position. An employer can't choose which applicants to test for drugs or alcohol. The employer must treat all applicants for the same job similarly.

Most state statutes also limit the types of testing. Hair testing is the newest method of drug testing. It can test for drug use within the previous 90 days. Urine testing generally only provides accurate drug test results for the previous five-day period.

If an employer tests an applicant without the applicant's knowledge or consent, the employer can face serious legal consequences. For example, an employer may not pick up stray pieces of hair that an applicant left on a chair during the interview and test them for drugs unless the applicant knows the employer is doing so.

Want More Information About Pre-Employment Drug Testing? Speak With a Lawyer

If you have questions about your rights throughout the hiring process, contact an experienced employment law attorney. They can offer valuable legal advice and insights into local employment laws and your employee rights. Engaging with legal counsel can empower you with the necessary information to navigate employment-related matters.

Another great resource is the Substance Abuse and Mental Health Services Administration (SAMHSA).