Workplace drug testing: preemployment, random, post-accidental.

The majority of employers all over the United States are NOT required to employees’ drug testing, unless required by state or Federal regulations for certain jobs. At the same time, most private employers have the right to test for a wide variety of substances. Federal agencies conducting drug testing must follow standardized procedures established by the Substance Abuse and Mental Health Services Administration (SAMHSA). They identify the five substances (amphetamines, cannabinoids, cocaine, opiates and phencyclidine) tested for in Federal drug-testing programs and require the use of drug labs certified by SAMHSA.

The current law in the private sector generally permits non-union companies to require applicants and/or employees to take drug tests. All employers should consult with legal advisors to ensure that they comply with any applicable state or local laws and design their testing programs to withstand legal challenges. In unionized workforces, the implementation of testing programs must be negotiated. Even when testing is required by Federal regulations, certain aspects of how the policy is implemented must be agreed upon through collective bargaining.

More detailed information about drug testing is available from the articles in this category.