Is an employer required to pre-employment drug test an employee who is on extended leave prior to the employees return to safety-sensitive duties?
No, the regulations do not require an employer to pre-employment drug test an employee who was on extended leave unless their employment was severed. As an employer, you are permitted to conduct a pre-employment drug test when the following criteria are met: The individual previously performed a safety-sensitive function for you and is not being rehired or transferred into a safety-sensitive function; or The employee was removed from the random testing pool for reasons other than a verified positive test result on an FAA-mandated drug test or a refusal to submit to such testing; and The individual will be returning to the performance of a safety-sensitive function. It is important for employers to have a consistent policy in place that addresses this issue to ensure that each individual is treated fairly.
