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Drug testing
  • It is lawful for employers to set up a drug testing program that fits its workplace needs, but state and federal laws must be considered.
  • Federal and state laws impact the timing of drug tests and the consequences of a positive test.
  • It is lawful for employers to drug test employees before and during employment in accordance with any applicable regulations.

When conducting a drug test, federal and state laws must be considered. These include laws relating to when and how a drug test is conducted and the consequences of a positive test.

These federal laws impact drug testing:

LawApplies toDrug testing impact
Americans with Disabilities Act (ADA) Employers with 15 or more employees
  • Accommodations for pre-employment drug tests
  • Confidentiality of medical information
  • Accommodations for employees in recovery
Family and Medical Leave Act (FMLA) Employers with 50 or more employees, all public employers Time off for leave to attend a rehabilitation program
Occupational Safety and Health Act (OSHA) Employers with 1 or more employees Post-accident drug tests
Drug-Free Workplace Act of 1988 Federal contractors with a contract of $100,000 or more, recipients of federal grants Drug-free workplace statement that notifies employees of what is prohibited and the actions that will be taken against employees who violate the policy

State laws may also make an impact on when and how a drug test is conducted. Some state laws limit random tests, require a specific drug testing panel to be used, limit-on-site testing, or restrict drug testing in another way. See the State Laws section for specific requirements. Tests for alcohol are considered a medical exam under the Americans with Disabilities Act (ADA) and have their own requirements.

When to test

An employer may conduct drug tests at various times before a person is hired and during employment. A workplace drug testing program may include these types of tests:

  • Pre-employment: A test typically given after a job offer is made but before a person is hired.
  • Random: An unannounced test given to a randomly selected group of people.
  • Reasonable suspicion: A test given when an individual is suspected of being under the influence of drugs or alcohol.
  • Post-accident: A test conducted after a workplace accident to help determine the root cause of the accident.
  • Return-to-duty: Testing conducted randomly after a person completes a drug or alcohol rehabilitation program.