Workplace drug testing

WASHINGTON, May 29, 2012 – Employment drug testing laws affect job applicants, those employed, and employers. You should be familiar with drug testing laws to assure your rights are protected and to avoid liability.

Pre-employment drug testing is a common condition for a job offer. Is it always legal? Once an employee is hired, when is it legal for an employer to ask for a drug test as a condition of continued employment?

The attendant conflicting legal issues here are very clear.  First, privacy issues are abundant for those to be tested. Applicants and employees may well have claims when employers fail to implement drug testing in a manner that assures personal or constitutional rights, such as privacy rights or protections against unlawful searches and seizures.

The flip side understandably finds employers with a legitimate basis for concern about decreased productivity, increased liability exposure, and higher Worker’s Compensation insurance premiums.  Employers also have a substantial interest in providing a drug-free workplace for the safety and welfare of employees and patrons. Aside from the legal issues, drug testing serves as a hedge against increasing costs. Employee drug and alcohol abuse costs employers billions of dollars each year.

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