Massachusetts does not have any statute regarding drug testing, therefore employers can implement any type of drug testing procedures that they deem necessary. However, employees may pursue litigation if they feel their testing is unfair and, as per Webster vs. Motorola (418 Mass. 425), the Court has found that the validity of random employment drug tests must be considered on an individual basis; that no employee should be tested without reasonable justification. An employee may pursue litigation if they feel that a drug test is discriminatory, an invasion of privacy, or a case of defamation.
Can Current Employees Be Tested? Yes; there are no statutes in Massachusetts that limit employment drug testing.
Is Certified Testing Required? No.
Laws – Webster vs. Motorola
What can be Tested? Not specified.
How to Conduct a Legal Drug Test
Step 1 – Although it is not required by any statute, an employer can have their employees sign a Drug Test Release Form in order to give the employer permission to have a drug test conducted. Once the form has been returned to the employer, a physical sample may be procured from the employee.
Step 2 – A physical sample should be tested by a certified testing lab. The most convenient lab for the employer can be located by consulting the Lab Lists provided on the Substance Abuse and Mental Health Association’s (SAMHSA) website.
Step 3 – Once the results of a drug test have been given to the employer, they have the right to take whatever action they deem necessary should the result be positive.