Drug Testing Restrictions

Although an employer can generally require job applicants to submit to drug testing, the law restricts an employer's right to drug test current employees. Employers may not require employees who wish to be promoted or transferred to submit to a drug screen. However, they may conduct urinalysis or other types of drug testing if they have a reasonable suspicion that an individual employee has been impaired on the job or if an employee's job carries a high risk of injury. Random drug testing is also permitted in certain industries, which include the transportation industry. Similarly, employees engaged in safety sensitive or security sensitive jobs like nuclear reactor workers, refinery workers, peace officers and customs agents might be subjected to random testing.