Drug, Alcohol, and Cannabis Tests
Employers can make you take tests for illegal drugs, alcohol, and cannabis in certain circumstances. They must have a written drug, alcohol, and cannabis testing policy. You can be tested for drugs and alcohol as part of an annual physical exam. The employer has to give you 2 weeks written notice that you will be tested.
You can also be tested for cannabis if you work a safety sensitive job. That’s things like:
- a peace officer or firefighter,
- working with children or vulnerable adults,
- in healthcare, working directly with patients, or
- when it’s a state or federal law
The rules for safety sensitive jobs like driving buses or cabs or running heavy machines are different and can be stricter. Drug, alcohol, and cannabis tests can be done without advance warning (randomly) for employees in safety sensitive jobs.
If you use a commercial driver’s license to do your job, federal law may apply. Federal law has different standards about drug and alcohol testing.
No matter what kind of job you have, the employer can make you take a drug, cannabis, or alcohol test, without prior notice, if:
- They have reason to think that you are under the influence of drugs, alcohol, or cannabis at work.
- You break the employer’s written rules against the sale, possession or use of drugs, alcohol, or cannabis during work.
- You are hurt or you hurt another employee on the job.
- You cause a work-related accident or are operating machinery that is involved in an accident.
You have the right to a copy of the test results. You also have the right to have the sample re-tested.
If the re-test is positive for drugs, cannabis, or alcohol, they can discipline you. They can’t normally fire you for the first positive test during your employment unless they offer you the chance to be evaluated for treatment and you either refuse or don’t finish it successfully. But the employer CAN suspend you without pay while waiting for the results of the test if they think there is a safety reason to do so.
You might have to pay for a substance abuse evaluation and any recommended treatment unless it is offered under an employee benefit plan. If you do an evaluation or treatment for substance abuse, the employer may test you for 2 years after that.
If you pass the test or re-test, your employer has to take you back and pay you for the time you were suspended.
Medical Exams
Your employer can only make you take a medical exam if there is a job-related reason for it. Your employer has to pay for the exam.