Q. Our company has random drug testing. Can we send an employee to be tested for suspicion of drug use?
A. Yes, as long as you are not a public-sector employer. However, it would be best to have a plan in place setting out just cause for administering tests. You should also have a policy to get the consent of the employee to be tested.
As with any employment practice, it is important to apply it consistently to avoid an allegation that it is being discriminatorily applied. One common for-cause test is following a workplace injury.
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