Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

California employers can require pre-employment drug testing under strict regulations, with exceptions for safety-sensitive roles and federal compliance. Workers have rights regarding confidentiality, fairness, and contesting results, and businesses must update policies for California’s new marijuana laws.

By Brad Nakase, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. What are California’s laws on drug testing?

3. Marijuana for Recreation

4. What safeguards are in place for employees?

5. FAQs

6. California Employment Law Professionals

Introduction

California companies have to be aware of the regulations related to drug testing. Drug testing is legal in California, but only permitted under strict conditions. There are choices open to you if you find yourself in a situation where you could face legal action for violating California’s drug testing rules.

There are credible law offices that have worked with business owners and defended them in court for several decades. Having legal counsel on your side is important in the event that there is a disagreement over drug testing regulations.

What are California’s laws on drug testing?

Although they are uncommon, there are some situations in which an employer may mandate that a worker submit to a drug test. For example, before hiring someone, a company can demand a pre-employment drug test in California. This needs to be completed after the employee receives a job offer but before they start working.

In California, random testing for drugs is illegal. You have to provide your staff members with notice before administering a drug screening, and you cannot make them do one at random. There is one exemption to this rule: if safety for the public is a concern, workers in government positions might be asked to submit to a drug test.

Employers are not obligated to administer drug tests to their staff. However, federal regulations may oblige you to provide drug testing to your employees, based on your industry and type of firm. You might be able to administer a drug test to a worker if you think you have a good reason to do so or if you have concerns about safety.

Employers may decline to provide workers’ compensation if a worker is hurt on the job and was under the influence of drugs. Additionally, the worker must have tested positive for drugs at the point of the injury.

When conducting a pre-employment drug test in California, employers have to be aware of which substances are being measured. PCP, cocaine, & marijuana are just a few of the many substances that can be tested using drug tests. However, new laws that prevent discrimination against employees who use marijuana recreationally while off-duty are about to take effect.

Marijuana for Recreation

California has legalized the consumption of marijuana. It is illegal to penalize employees for consuming marijuana when they are not on the clock. However, an employer has the right to suspend or terminate an employee if they are smoking marijuana or are intoxicated at work.

Employers are prohibited by the new rule from treating candidates or workers unfairly if they test positive for drugs. Businesses must modify their policies and comprehend what the drug tests are actually testing now that the new law has been signed. Since the employee’s behavior on the job is what counts, it is equally critical for employers to understand how they are using reasonable suspicion.

Candidates might still be subject to a pre-employment drug test in California, particularly in companies that have a policy against alcohol and drugs. To avoid lawsuits, all California companies must consider the new marijuana regulations.

What safeguards are in place for employees?

Workers can:

Decline the test: Workers have the option to decline a drug test. Please remember that doing so could lead to the same dismissal/disciplinary action as a positive test outcome.
Anticipate confidentiality: It is mandatory (as per law) that the results of drug tests and the repercussions of positive results are kept private.
Anticipate certified screening: Drug tests have to be performed by a qualified collector or in accredited labs.
Dispute results: Workers have the right to contest test results, especially if they think a prescription drug is shown as an illegal substance. Employees in this situation should collect evidence and speak with the Medical Review Officer (MRO) about it. It could be essential in certain situations to get legal counsel on this.
Retest request: Within 72 hours of the test findings, employees may ask for a retest. Usually, this will entail retesting the exact same sample, and it will be paid for by the staff.
Be prepared to be briefed and notified: Workers must be fully informed about testing policies, the procedures and timing of drug tests, and the repercussions of positive results. Before testing, they must also provide their consent.
Demand equal rights: No one should be subjected to discrimination on the basis of their history or identity, and all workers in comparable positions should be given the same testing. For a pre-employment drug test in California, all companies have to follow strict legal standards to avoid discrimination.

FAQs

Q1: What Are the Reasons for California Employers’ Drug Tests?

A: Drug tests look for opiates, PCP, cocaine, & marijuana. Alcohol, barbiturates, methamphetamines, and methaqualone may be checked for when an individual is employed. These substances may affect a worker’s ability to perform mental and physical tasks required for their job. Employees may not pursue legal action if employers are fully informed about the drugs being tested for.

Q2: Can California Employers Conduct Random Drug Testing?

A: Employers are not permitted to conduct arbitrary drug tests. Before administering a drug test, employers are required to notify their staff. There is one exemption to this rule: workers in government positions might be randomly tested for drugs. If safety for the public is an issue, an arbitrary drug test may be conducted. Periodic drug testing is illegal and cannot be done by any company outside of this specific exception. Employers may conduct a pre-employment drug test in California.

Q3: When Can You Be Drug Tested by Your Employer in California?

A: A drug test may be administered by an employer if there are reasonable suspicions or grounds to do so. Every worker must be informed that they will be subject to a drug test, and they cannot conduct one at random. Employers are also permitted to administer drug tests to candidates, provided that they are conducted in a fair and lawful manner.

California Employment Law Professionals

The pre-employment drug test in California is a lawful tool that employers can use to ensure a safe workforce (only under the right circumstances). It continues to be a challenging procedure to comprehend and handle. Employers have to take care to avoid breaking the state’s drug-testing regulations. It may result in difficult-to-manage legal issues. A reputable group of lawyers can assist if you are an organization owner who is unsure about the state’s drug testing regulations or if you have been involved in a drug testing-related legal situation.

Have a quick question? We answered nearly 2000 FAQs.

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Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

Introduction

What are California’s laws on drug testing?

Marijuana for Recreation

What safeguards are in place for employees?

FAQs

California Employment Law Professionals

Free Consultation