The California pre employment laws only cover State Agencies. There are no laws currently written that protect an employee outside this jurisdiction. Therefore, an employer require a drug test as part of the pre-employment process as long as there is no discrimination on who is being tested.
Can Current Employees be Tested? Yes, but only under the following circumstances:
- The employer has reasonable evidence to justify a test; and
- There becomes a clear and present danger
If an employee does test positive they are allowed the right to have the samples tested a 2nd time.
Is Certified Testing Required? No.
Laws – Executive Order D-58-6
What can be Tested? No limitations.
How to Conduct a Legal Drug Test
Step 1 – Have the candidate complete a Drug Test Release Form and obtain a sample from the individual. Legal samples in California consist of:
- Other Body Specimens
There are no laws that limit the employer from testing any part of the employee within reason.
Step 2 – The employer will need to get the specimen tested. This can be completed by using one (1) of the labs listed on the Substance Abuse and Mental Health Association’s (SAMHSA) Website.
Step 3 – The individual that was tested should be informed of the testing results. If the tests come back positive for any type of Class A or B drug then they have the right to have the sample tested a 2nd time.