If an employee voluntarily discloses drug use, can we require they sign a last chance agreement and submit to weekly drug testing?

In most circumstances, employers are limited to testing their employees only when the employer has a reasonable suspicion that the employee is violating a drug- and alcohol-free workplace policy. That is, the employee is under influence while at work.

Last chance agreements, however, may allow an employer to set up a regular drug testing program for individual employees based upon specific circumstances. Last chance agreements are contracts between employers and employees that are used in lieu of terminating an employee.

In this specific example, an employer may terminate this employee for admitting to illicit