Are searches allowed if an employee is suspected of having drugs in the workplace?
If there is reasonable suspicion of illegal activity occurring on company property, then certain types of searches may be allowable and appropriate action, but it is important to emphasize that DOL does not have regulatory authority over workplace searches or workplace substance abuse issues. Also, the issue of whether or not searches are allowed actually goes beyond the issue of workplace drug abuse, since searches may be conducted for other reasons. Generally, if searches are to be allowed as part of a drug-free workplace program, it is very important that clear guidelines are set in a written drug-free workplace policy that is shared with all employees. Also, it is important to be aware of potential privacy concerns if employers choose to search anyone’s personal property. Section 6 of DOL’s Working Partners program’s Drug-Free Workplace Advisor Policy Builder addresses the issue of searches somewhat, but because it is such a complex issue and many states and some cities have legisl
