THE LAW. You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That's why drug testing and substance abuse prevention programs carry big-time legal risks if they're not managed properly. Based on court rulings, employers are typically safe to administer drug testing in three situations:
- During the pre-employment stage, as long as your state law doesn't ban this practice. (The safest course is to withhold drug tests until after you've made a conditional job offer.)
- During the fitness-for-duty test of an employee with
- After a preventable accident occurs.
Be aware, however, that about one-third of states have laws regulating employee drug testing. Check your state law before you start any testing program. (To discover your state's law, go to http://said.dol.gov and click on "State and...(register to read more)
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