Larsen Law PLLC

Often before a prospective employee is due to be hired, employers insist that a drug test takes place. This is very common practice, but is it legal? There are limitations that vary from state to state, but there are times when conducting a drug test is illegal and is classed as an invasion of privacy.

The following blog is an overview of scenarios in which drug tests at work are legal. If you are concerned about your employer requesting that you take a drug test and none of these situations are true for you, then the drug test may be an illegal one.

A drug test can occur for safety reasons

If you have a job that involves potential dangers such as driving, operating machinery or flying, then you can legally be subject to routine and random drug tests, for the safety of yourself, your coworkers and the general public.

A drug test can occur if the employer is reasonably suspicious

Another way that a drug test can reasonably occur is if the employer has a reasonable amount of suspicion that you may be taking illegal drugs. This suspicion must be validated, cannot be based on discrimination and must follow the policy of the company.

A drug test can occur after an accident

If the commercial vehicle you were driving was involved in a crash, your employer has a right to request a drug test.

If you have reason to believe that you were subject to an illegal drug test by your employer, it is important to get informed of your rights by a trusted legal advisor.

Source: FindLaw, "Drug testing at work isn't always legal," accessed Sep. 15, 2017

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