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10 Things to Know About Workplace Drug Testing State Laws and Regulations in California

1) Who Must Test

Basically state law requires those individuals who work with and for the public must undergo drug testing. For example, city bus drivers and police officers must undergo mandatory drug testing. Of course this is to ensure the safety of the public. Private companies do face some boundaries as to the employees they can drug test and when these tests can occur. All in all however, private companies can conduct drug testing.

2) Types of Drugs

There are no state laws set forth by any court in California stating what types of drugs can and cannot be tested for. Therefore employers have the option to test for something as extreme as heroin or as harmless as ibuprofen. The majority of employers test for only those drugs that might cause impairment on the job.

3) Disclosure

Neither public nor private companies are required to post a notice in their place of business that they test employees for drug use.

4) Company Statutes

There is no requirement that companies have a formal policy regarding drug testing included in their employee handbook. Therefore an employee cannot expect to find a written drug policy in the employers statutes.

5) Types of Tests

There are no limitations as to what type of testing a company can or must use to test for drugs. Therefore a company can opt for the standard urine test or select the more extreme blood test or even request a hair sample be examined.

6) Who Pays

No employee can be forced to pay for a drug test. The employer, whether it is a public or private company, must pay all drug testing fees and charges as the cost can be quite prohibitive.

7) Who Can Be Tested

In San Francisco an employer cannot test employees for drugs randomly. However, outside of San Francisco Random Drug Testing is allowed if an employee is directly responsible for the public’s safety or conducts an activity that could jeopardize the public’s safety.

When Can an Employee Be Tested?

There is no set day and time an employee is tested for drug use. Standardly drug testing takes place just prior to starting a job but there is no law that states when employers must drug test. An employer might request a drug test if there is an accident at work to clear the employee of drug use.

9) The Lab

Where an employer requests an employee go for drug testing is up to the discretion of the employer. There is no mandatory facility that must be used for drug testing by law or ordinance.

10) Positive Results

An employee that test positive for drug use is at the mercy of the company. Obviously, at the very least, the employee will probably loose his job. However, if the employer feels it is warranted, charges could be filed against the employee, especially if the public was in jeopardy.