Are Drug Tests And The Law On Your Side?

If you are concerned about the productivity of your employees, you have all the rights to do everything it takes for your workplace to be safe for the rest of the people. As an employer, you are entitled to get your employees tested for drugs to rule out problematic situations in future. Employees who are under the influence of drugs tend to be less productive at work and could also distract other productive workers. In this circumstance, you will be glad to know that the law is on your side.

However, you should also be aware of the technicalities involved. Here is a brief overview.

When is it considered legal to test?

If you want to ensure that your workplace is safe, your company contract must mention a drug-test as a mandatory condition before and during the employee’s tenure. If the employee has signed this contract, you are legally entitled to ask for a drug test if you feel the need to. However, you must ensure that the results of the test are kept confidential so that the privacy of personal information is maintained.

You should also consider the various federal and state drug laws before you decide to take disciplinary action based on the results. Some states allow the use of marijuana for specific medical causes.


If you are suspecting that your employee is under the influence of drugs, you should first collate enough evidence to prove your point. This is required to rule out the possibility of a lawsuit being filed against your name by the employee. If you have reasonable evidence to prove such incidents then you can very well go ahead with the test. However, ensure that your employee does not suspect your suspicion because otherwise there are a million ways in which one can find ways to pass a drug test guaranteed.