There are limits on employee drug testing in California

In general, California job applicants can be asked to take a drug test as part of the job application process.

For existing employees, the rules are different.  Usually an employer must have some sort of legitimate concern before requiring drug testing of an existing employee, such as a reasonable suspicion of illegal drug use.  

Some jobs involving public safety don’t restrict employer drug testing in the same manner as regular employment.  If you drive a passenger bus, operate railroad equipment or work in various other special areas, particularly in the transportation field, an employer has greater rights to require drug testing and may not even be required to give advance notice.

When in doubt, consult with the Department of Labor Standards Enforcement or your union representative.

Filed Under Employment

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