Legal Question in Employment Law in New York

Random Drug Testing

Our company decided to institute random drug testing about 1 year ago. In our company, there are unsupervised refridgeraters,(where employees keep their lunch) coffee pots(free) in every dept. of the building. We also process poppy in our manufacturing dept. almost weekly. How can our company have such a policy in place when the opportunity for someone to tamper with the lunches and coffee pots exists? The side issue is..when a employee (on-site) is picked, a taxi cab is provided to take him/her to the testing facililty, the out-of-town salesman can drive themselves to the nearest facility(if their being checked). Is that not discrimination? Thank you!


Asked on 1/22/99, 6:18 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: Random Drug Testing

Could you go over the part about the poppy seeds again? A red flag just leaped up in my face. If you are suggesting that exposure to poppy seeds will trip a narcotics test, fahgeddaboudit! It takes about two pounds of poppy seeds, ingested, to trip the test, I am assured by forensics people.

Anyone can run any kind of testing program they

like in New York, or none at all. That is why we

are an employment at will state.

Harold M. Weiner

Coles & Weiner, P.C.

342 MADISON AVENUE SUITE 1800


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Answered on 1/28/99, 8:08 pm


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