Drug Testing and the Workplace: Frequently Asked Questions

by James W. Ward, J.D.; Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber

California has some of the most restrictive drug testing laws in the country — placing a high priority on individuals’ privacy rights and protection from discrimination alongside employers’ workplace safety concerns. While employers may have job applicants submit to pre-employment testing, testing current employees is much more complex with permissibility often depending on why the employer is conducting the test and surrounding factual circumstances.

To make it more challenging for employers, California’s already complicated drug testing rules keep changing. Most recently, following the state’s legalization of recreational cannabis use, California law added additional cannabis use protections.

Due to the legal complexity of drug testing, employers often have questions about when they are allowed to conduct drug tests in various circumstances. Common scenarios employers often face fall into a few general categories, each of which has its own rules and considerations. These categories include:

• Pre-employment drug screening;
• Random drug testing;
• Reasonable suspicion testing; and
• Post-accident testing.

It’s important for employers to maintain current drug- and alcohol-free workplace policies and practices to help maintain a safe workplace while complying with the law, including training their personnel to apply these policies consistently. Below are some frequently asked questions related to drug testing for California employers.