Drug and Alcohol Testing of Employees

The purpose of conducting a drug test is to determine whether someone is on drugs or not. In some instances, the very act of subjecting a person to a drug test however can be discriminatory. So how then, should drug tests for employees be done? What legitimate agency of government is authorized by the US laws to conduct these tests? What if an employer imposed a wrongful termination of working contract with an employee because he’s been found positive on drugs based on the results of a drug test? Who will protect the employees’ rights in California?

 

To start off, drug tests are mandatory for employees both in the government and the private sector. It’s specifically mandatory for government employees who are bus drivers, policemen, and other law enforcers or employees who fall under the U.S. Department of Transportation mandatory testing guidelines. Drug tests are conducted to assure a safe and drug-free community. The same reason applies for conducting a drug tests among employees. Drug testing insures employers and employees a safe and drug-free work environment.

 

To avoid any issues, employers are required to abide by statues, regulations and ordinances applicable to drug testing in the workplace. An employer, for example, is required to post a notice that a drug test will be conducted. The notice should be visible to everyone in the working premises; this is to ensure that employees’ rights to information in California are not violated. It is also mportant that the employees are aware that there will be a drug test. The date and place for the drug test however remains at the sole discretion of the employers.

 

To date, there’s no provision in US laws that mandates an employer to require their employees to undergo drug testing at any certain testing facility. Moreover, no employee should be tested randomly except if he/she is involved in committing criminal acts or fall under the mandatory testing guidelines. In relation to this, no employee, both from the government and from the private sector, should be forced to pay out of pocket for the expenses incurred in drug testing, should it ever be deducted from their salaried pay. All employers are required to cover the expenses for drug tests.

 

Whenever necessary, the employers can request a certain testing facility to conduct random drug tests on their workers; this could be on occasions when there are incidents in the workplace that could have been triggered by drug involvement of employees. To avoid making false accusations and wrongful termination of working contract, employers are advised to use the most trusted testing facility in their city or state.

 

In case an employee is found to be using drugs or involved in any drug-related activities, the employer can fire such employee and may even file criminal charges. Of course, taking into consideration due process rights of the accused.

 

Drug tests are useful for national security. It is observed that a lot of crimes have been committed by people under the influence of drugs; if the government can eliminate the drug users in the streets and in the work place, it will be easier to maintain peace and order. However, employer forced Drug and Alcohol of employees is a violation of employee rights to be safe from unreasonable search and seizures. If you find yourself in this unfortunate situation, services of reputable law firms like the Law Offices of Scott A. Miller, Sherman Oaks should immediately be sought.

 

To ensure that your employee rights are duly protected, not just any lawyer will do. You need experienced and skillfully trained professionals to help you. To find one, visit californiawagelawattorney.com.

Contact Us

Please fill out the following information and press the send message button. We will get in touch with you soon.

Submission of the inquiry does not create an attorney-client relationship.

  • receive helpful information about Employee Rights, Privacy Rights, Wrongful Termination, Discrimination, Unpaid Wage issues, and Labor Code Violations
  • This field is for validation purposes and should be left unchanged.