Mandating workplace drug testing
Federal statutes on drug-free workplace policies can be divided into two broad groups, or categories, of legislation.
One category includes laws such as the Drug-free Workplace Act of 1988.
To learn more about the Drug-free Workplace Act, visit the Department of Labor’s (DOL) Drug-free Workplace Advisor.
The other category includes laws designed to protect the basic civil rights of American workers.
See the final guidelines and revisions: The following sections provide links to resources related to drug-testing program management, specimen collection, certified laboratories, and certified medical review officers (MCOs).
Already, the growing awareness of health concerns, and drug education and prevention programs have contributed to a decline in drug use in this country.
If I test positive on a drug test, what kind of action can my employer take? Can I lose my unemployment benefits for failing a drug test or refusing to take one? I've been called in on short notice and I'm afraid I won't pass the drug test. Most state laws are similar to federal laws and generally maintain the legality of drug testing for state employees.
I tested positive for marijuana use and my employer wants to fire me, but I know that other employees also tested positive but weren't fired. The Supreme Court has ruled that while drug testing does infringe on an employee's privacy, it may be necessary in order to protect the health and safety of others .
There is no requirement for most private employers to have a drug-free workplace policy of any kind.
The exceptions to this are federal contractors and grantees, as well as safety- and security-sensitive industries and positions.
The revisions to the mandatory guidelines will become effective October 1, 2017.