YES, TESTING IS LEGAL !
Employee drug and alcohol testing is 100% LEGAL, when conducted under strict guidelines and exceptions, outlined within current federal and state case law. Drug Testing is NOT an employer "right", so you MUST KNOW what you can and should not do as a California employer!
FORENSIC Drug Testing Services, Inc. (FDTSI) will help you determine if your Company can "justify" starting a new Drug Prevention and Employee Testing Program. In most cases, FDTSI can endorse all the below listed testing events, when our program is in full force.
Pre-Employment & Reasonable SuspicionDrug and Breath Alcohol Testing are the safest and easiest test types to 'legally" undertake for ANY employer. The courts have determined these test types do not violate your employee's rights in any way, when done properly.
Post Accident Drug & Breath Alcohol Testing has come under legal review recently (2016) due to employers "encouraging "their employees NOT to report workplace accidents, out of fear of retaliatory employer actions (ie: loss of safety bonuses, awards, giveaways and the like). In addition, employers where using "Post Accident" testing as a threat to discourage injured employees from reporting their workplace injuries. Thus, OSHA placed a restriction on "blanket" post accident testing. So, what does all this mean to you? Absolutely NOTHING! Because the experts a FDTS have never encouraged their clients to "blanket test" after a workplace accident/injury, nor have we delayed medical treatment just to get a sample for Post Accident testing. Therefore, YOU ARE PERMITTED to conduct Post Accident Drug & Breath Alcohol testing following ANY incident that results in injury to any person, that results in professional medical treatment away from the job site. Medical Treatment always comes first, then testing.
RANDOM (No Cause) Drug & Breath Alcohol Testing continues to be the most unsettled issue within the courts. However, when conducted only on those employees working in a "Safety-Sensitive" or "Safety-Related" job tasks, the courts have, surprisingly, been much more supportive of the EMPLOYER'S RIGHT to maintain a safe and Drug-Free Workplace . THERFORE, RANDOM testing, when conducted according to those standards established by FDTSI IS PERMISSABLE under current case law. You must be cautious and ensure every "Safety-Sensitive" (DOT) or "Safety-Related" (Non-DOT) employee has an equal chance of being selected of each random selection made. Additionally, the DOT Random pool must be separate from your non-DOT Pool. Computerized selections and employee notifications are the most legally sound method of ensuring your right, as an employer, to keep drugs OUT of your business! YES, RANDOM TESTING IS LEGAL with FDTSI guidelines in place.
QUALIFIED TESTING EVENTS
to save a valued employee...