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Random Drug Testing CA

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  • Random Drug Testing CA

    We are a company that does pre employment drug testing, but not random drug testing’s on our employees throughout their employment. One of our managers thinks that one of her employees may be using drugs by her behavior and dilated pupils. There have not been any work place accidents with this person. Can we have this person go in for a drug test? Can we do anything at this point?

    Please advise, thank you!

  • #2
    You certainly can send this person for a drug screen, and if it come back positive, reprimand the situation and start your random screening for individual with positive outcome. However, if you policy doesn’t state random test, I would suggest updating the policy.


    • #3
      There is a difference between random drug testing (in which a RANDOM sample of the employee population is sent for a drug screen) and a screening for reasonable suspicion.

      To send one employee for a drug screen becuase there is a suspicion of drug use and call is random will lead to nothing but trouble.

      If you have reasonable suspicion such as slurred speech, behavior problems, verbal or physical altercation, odor of alcohol or marijuana on his/her person, is in possession of drugs/alcohol on the job then you have REASONABLE suspicion to send the person for a drug test.
      BTW, the question often comes up about bloodshot eyes. I wouldnt test based on that without one of the other signe (IMHO)
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson


      • #4
        You beat me to it, Morgana.

        Picking out an employee for testing, with or without reasonable suspicion is NOT random.

        Check your company policies and state laws to see if you can test for reasonable suspicion.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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