Legal Question in Employment Law in California

Change in Drug Testing Policy

I have been employeed in California with a company for almost 2 years. When hired I recieved a pre employment drug test and in orientation recieved and signed a alcohol and drug policy program sheet. Today I was asked to sign a new policy which now includeds random testing. What are my legal rights in refusing to sign the document and can the company force me to accept a new policy when I signed the previous policy as a condition of employment. Also is it possible to explain the current legal laws concerning random drug testing policy that CA business are required to follow. Thank You


Asked on 12/28/01, 9:33 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Change in Drug Testing Policy

there are no laws preventing private employers from doing drug testing any way the want to.

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Answered on 1/03/02, 1:22 am
Thomas Pavone Pavone & Cohen

Re: Change in Drug Testing Policy

Generally random drug testing is extremely limited in California. Testing involving employees in specific, narrowly defined job classifications or professions that may be categorized as part of a pervasively regulated industry (where the employee has less expectation of privacy given the nature of employment) or where positions are critical to public safety or the protection of life, property or national security has been approved. With these exceptions, random drug testing is not allowed in California. Our firm has handled several testing cases with excellent results.

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Answered on 1/07/02, 6:54 pm


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