What is the law regarding drug testing of employees?
Without a contract covering employment, employers are generally free to set terms and conditions of employment. Therefore, employers are free to implement drug-screening programs for employees and job applicants. Where a contract exists, the employee must determine whether a drug testing policy would violate that agreement. Employers who require employees to be drug screened must have the test analyzed by a laboratory that is certified under state regulations. Additionally, employees who test positive for drugs have a right to the results of the test and an opportunity to have the test sample analyzed by a laboratory at the employees expense. There are similar requirements for applicants for employment and for contractors who are required to undergo drug screening by an employer. However, in public service jobs, drug testing may constitute an unlawful invasion of the employees privacy or otherwise be considered unlawful. Each case must be evaluated by the specific facts involved.
