If you’re a business owner in California, it’s crucial you understand what laws are in effect related to drug testing. While drug testing is allowed in California, this practice is only allowed under very specific circumstances. Failing to abide by California’s drug testing laws can result in legal action being taken against you, and if you find yourself in this situation, you have options available.
Our team of attorneys at Fishman Larsen Callister have several decades of experience working with business owners and defending them in court. Should there be a dispute over drug testing laws, it’s important to have legal representation by your side.
What are the Drug Testing Laws in California?
There are certain cases where an employer can require an employee to take a drug test, but these cases are rare. For example, an employer may require a potential employee to take a drug test as a condition of being hired. This must be administered after the job offer is made but prior to the employee beginning work.
Random drug testing is against the law in California. You cannot require your employees to take a random drug test, and you must give your employees notice before a drug test is given. There is one exception to this rule, as employees in public jobs may be required to take a drug test if public safety is a concern.
As an employer, you are not required to give any employees a drug test. However, depending on your business and area of work, it may be required under federal law to give drug tests to your employees. If you believe you have reasonable grounds to justify a drug test, or if safety is a concern, then you may qualify to give a drug test to an employee in question.
If an employee becomes injured on the job, an employer may refuse to offer workers’ compensation if the worker was impaired due to drugs. The employee must also have a positive drug test at the time of the injury.
Drug tests can be used to test a wide variety of substances, including PCP, cocaine, and marijuana. However, new laws will soon go into effect that protect workers who use recreational marijuana off-duty from being discriminated against.
Recreational Marijuana
Since 2016, it has been legal to use marijuana in California. Beginning in January 2024, it will be against the law to penalize workers for using marijuana during their off-work hours. However, if a worker is using or impaired by marijuana at work, an employer can fire or suspend their employee.
The new law prevents employers from discriminating against applicants or employees who fail a drug test. With the new law having been signed, it is crucial for businesses to adapt their policies and understand what their drug tests are truly testing. It is also essential for employers to recognize how they are applying reasonable suspicion, as the employee’s conduct on the job is what matters.
Employers may still administer drug tests to their employees, especially for businesses with a drug and alcohol-free workplace. However, all California businesses must take the new marijuana laws into account to prevent litigation.
FAQs
Q: What Do Employers Drug Test for in California?
A: Most drug tests are used to detect cocaine, marijuana, PCP, and opioids. When someone is employed, additional drugs such as methamphetamines, methaqualone, barbiturates, and alcohol may be tested for. These drugs can impair an employee’s physical and mental skills which are needed for work. Employers should be fully aware of what drugs are being tested for, as this can prevent employees from pursuing legal action.
Q: Can Employers Do Random Drug Testing in California?
A: No, employers cannot perform random drug testing. Employers must give notice to their employees before performing any drug test. There is one exception to this rule, as employees in public jobs may be subject to random drug testing. A random drug test can occur if public safety is a concern. Outside of this exception, no employer may perform random drug testing, which is considered unlawful.
Q: When Can an Employer Drug Test You in California?
A: If an employer believes they have reasonable grounds or suspicion that justifies a drug test, they can perform a drug test. They cannot perform one randomly, and all employees must be given notice that a drug test will be performed. Employers can also perform a drug test on applicants, so long as they are completed fairly and legally.
Q: Is it Legal for a Company to Ask You for a Drug Test Prior to an Interview?
A: Employers are allowed to test applicants for drugs, but this must be done as a condition of employment. This must also be done after the job offer is made but prior to the employee being hired. While employers can legally perform a drug test before an employee is hired, it is not required. Pre-employment testing can be a complex matter, and it is recommended that employers hire legal representation if they have any concerns.
Employment Law Experts in California
Drug testing in California can be done legally and under the proper conditions, but this can still be a complicated process to understand and navigate. Employers must be careful not to violate the state’s drug testing laws, as this can lead to legal complications that are taxing to handle. If you’re a business owner who is unclear about the state’s drug testing laws or if you’ve found yourself in a legal matter related to drug testing, our team of attorneys can help.
At Fishman Larsen Callister, we work diligently with our clients to ensure their business runs smoothly and successfully. Legal matters arise frequently, and it’s crucial that you know whom to talk to should there be an employment law dispute. With several decades of experience, our team is prepared and qualified to handle any legal matters you find yourself in.
To learn more about California employment laws, including drug testing laws, contact our team today.