{"id":357914,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/workplace-privacy\/drug-testing-during-hiring.html"},"modified":"2025-11-26T16:45:20","modified_gmt":"2025-11-26T21:45:20","slug":"drug-testing-during-hiring","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/workplace-privacy\/drug-testing-during-hiring.html","title":{"rendered":"Pre-Employment Drug Testing Laws"},"content":{"rendered":"\n
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Pre-Employment Drug Testing Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Pre-employment drug testing<\/span> is permitted throughout the United States. A drug test can be a condition of employment<\/span>, as long as employers follow state and federal regulations<\/span>. Employers in certain federally regulated safety-sensitive<\/span> industries, particularly those subject to Department of Transportation<\/span> (DOT) regulations, are required to maintain drug testing programs<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Workplace drug testing laws<\/span> aim to strike a balance between everyone\u2019s rights and safety. Employers have the right to maintain a safe workplace for their employees and customers. However, drug tests may not discriminate against certain groups or individuals.<\/p>\n

Most employers are not required to conduct drug testing<\/span>, but many state governments offer workers\u2019 compensation<\/span> benefits to employers who voluntarily participate in drug-free workplace programs<\/span>. In this article, we\u2019ll break down some of the general principles that apply to pre-employment drug testing<\/span>. We cover more state-specific information<\/a> in a separate article.<\/p>\n

When Can Employers Drug Test Job Applicants<\/span>?<\/h2>\n

Laws on drug testing for employees and job applicants<\/span> vary by state<\/a>. Some states restrict when testing can occur, the substances that can be tested, and whether employers are required to provide notice. There are also different rules for government jobs and for the private sector.<\/p>\n

Some states, such as California<\/span>, Minnesota<\/span>, and Vermont, prohibit private employers<\/span> from requiring pre-employment drug tests<\/span> until after a conditional <\/span>offer of employment<\/span><\/a> has been made. It breaks down like this:<\/p>\n