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Random drug testing can be disruptive and stressful. But as long as employers follow the law, it is perfectly legal. If you’re an employee who’s facing random drug testing at work, make sure you know your rights under the law.
Although random drug testing is legal at the federal level, some states have their own laws regulating how employers can test their employees. Before taking a random drug test, make sure you know your state’s random drug testing laws to be prepared.
Can your company randomly drug test you at work? Learn more about random drug testing laws and what your rights are as an employee.
DOT-regulated industries are required to follow specific guidelines for random drug testing to maintain compliance with federal regulations. DOT drug tests screen for five substances: marijuana, cocaine, opioids, amphetamines, and phencyclidine (PCP).
Random drug testing laws vary from state to state, and there is no federal regulation regarding random drug testing. In places like New York, for example, non-DOT employees may be subject to random drug testing but tests may not be used to detect marijuana.
In California, the state constitution gives people the right to privacy, so "suspicionless" drug screens—such as random tests—are only allowed in narrow circumstances.
This policy is generic and may not comply with laws in all states. Purpose. This policy describes [Company Name]'s procedures for conducting random drug testing of employees...