What are Drug Testing Laws in California?
Pre-Employment Drug Testing
Potential employees can be asked to take a suspicionless drug test after the job is offered. However, the employee should pass the test to be able to accept it. If the usage of illegal drugs is found, an employer can deny the candidate the employment opportunity.
State of California does not require all employers to test employees before hiring. Only certain job designations require drug testing by law. Urine 5 panel drug test is the most commonly preferred testing method by employers but can vary based on the requirements.
Drug Test for Marijuana/Weed
Routine or Random Employee Drug Testing
Reasonable Suspicion Drug Testing
Reasonable suspicion drug testing is a complex situation where an employer feels an employee is under drug influence during office hours due to a series of minor incidents which infer drug usage by the employee. Usually, employers stay clear of this unless they have a strong case against the employee.
Public and Private Employers
In California, both public and private companies can request pre-employment drug tests before hiring. They can also ask employees to take routine tests and reasonable suspicion tests, but not employees who are applying for promotions. Random testing is illegal in California.
ADA and CFEH Act
The federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) safeguard individuals who were previous alcohol or drug abusers and have undergone successful rehabilitation and are no longer engaging in any illegal drug use or alcohol abuse. Rehabilitation can be through a supervised rehabilitation program or their own efforts. They do not provide protection for individuals who are presently using drugs or misusing alcohol.
Transportation Industry Drug Testing
Drug-Free Workplace Policies
You, as an employer, can enforce a drug-free workplace policy and provide the employees with a set of dos and don’ts. This also includes prohibiting marijuana in workplaces and attending workplaces under marijuana’s influence. You can do this by following the privacy rights and marijuana laws maintained by the California state.
California Drug-Free Workplace Act
If you and your company are receiving funds as grants from the state of California, it is mandatory by California's Drug-free Workplace Act of 1990 for you to certify that you and your company provide a drug-free workplace. You are also required to establish a strict drug-free awareness program policy in the organization.
Federal Drug-Free Workplace Act
If you and your company are receiving funds as federal grants, you must fulfill the regulations set by the Drug-Free Workplace Act of 1988. Additionally, you are required to follow these regulations if you are working on a federal contract for the procurement of services for properties valued at least USD100,000.