Legal Question in Civil Rights Law in Massachusetts

Does employer have the right to drug test without probable couse?

My employer has started a drug testing policy that requires all employees submitting any workmans comp. claim,

regardless of how minor the injury may be, to submit to a urine test. Is this a violation of my 4th Amendment, search and seizure without probable cause, and/or my 5th Amendment, self incrimination? Thank you.


Asked on 5/04/02, 8:22 am

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Does employer have the right to drug test without probable couse?

So long as the testing policy is uniformly applied to all employees, and so long as there is a rational "trigger" point such as an accident or injury, such policies have been upheld as being within the perogative of employers who have a compelling interest in on-the-job safety.

Retesting in the event of a positive which could prove false is generally required in such situations.

Read more
Answered on 5/04/02, 10:14 am
Nance Lyons Law Office of Nance Lyons

Re: Does employer have the right to drug test without probable couse?

No.

Read more
Answered on 5/05/02, 8:26 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Massachusetts