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Drug
Testing Law
Federal
Law
Drug testing falls under the Americans with Disabilities Act (ADA),
which includes several key features:
The ADA makes it illegal for any employer to test a prospective employee
without first making a conditional offer of employment.
The ADA also says you can´t discriminate against prospective
employees on the basis of past drug-related problems. Then again, you
may refuse to hire people if you have reason to believe they will return
to substance abuse or endanger the safety and health of your workers.
If you aren´t sure how to proceed with an applicant who has a
history of drug abuse, consult an attorney. The ADA doesn´t prohibit
asking a person with a history of substance abuse to enroll in a rehabilitation
program before joining your firm.
State
Law
Laws vary from state to state and change frequently. You can find out
the details of your state´s drug testing laws by contacting
a trade organization, your state government or an employment lawyer.
Your right to test workers for drug use depends on several factors:
The job itself. If a job has the potential to place the employee, coworkers
or the public in danger, there may be stronger legal justification
to test for drugs.
Evidence of a drug problem. Some states require you to show probable
cause to suspect employees are impaired before testing them for drugs.
Whether the worker is already on staff. Once applicants are hired,
your rights to test them for drug use may diminish. Some states require
visible evidence of substance abuse such as an accident, a visible
decline in work quality or the discovery of illicit drugs in the workplace
before you have the legal right to test a current employee. Testing
current employees at random or without prior notice is also illegal
in many states.
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