Legal Question in Employment Law in California
Drug Testing policy
My husband works for a oil drilling company that has pre-employment, random, post accident,and probable cause drug testing policy. He went to work in November 2002 and drug tested for preemployment. He worked three weeks was off for two weeks and went back to work for 4 days and they came out and tested the entire crew again. On the testing slip that was given him the reason for the test was marked ''other'' amd writen in the blank space was ''unanounced''. In their written policy that he signed when he went to work, there was no mention of an ''other'' as a reason for testing. I was under the impression that you couldn't be tested on a whim.
1 Answer from Attorneys
Re: Drug Testing policy
There is no definitive rule regarding drug testing in employment. While it is clear that all employers can require pre-employment drug tests, the circumstances can very greatly as to when an employer can conduct post-employment drug tests. The nature of the job is a very important factor. The more likely that the job may involve the safety of the employee, co-workers or the public. the greater the probability that random tests are legal.
An employee's reasonable expectation of privacy has limits. Where that line is drawn may vary from case to case. If your husband thinks the company's drug policy or his right to privacy was violated, he should schedule an appointment with a labor law attorney near him to discuss the details of his case.
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