Legal Question in Employment Law in California

Re: Random Testing

There are no hard and fast rules pertaining to drug testing in the workplace. Generally, random drug testing has been permitted for existing employees in jobs that may involve potential hazards to themselves or others. If the job is one where there is no reasonable likelihood that the employee may cause harm, the courts more likely will only permit drug testing where there is reasonable cause for an employer to believe that the employee is intoxicated.

These are determined on a case by case basis. However, the employer must advise the employees what their policy is, so there is a reasonable expectation as to when testing may occur. Once you have a copy of the policy, you can have it reviewed by an attorney to get a legal opinion.