| State: | California |
| Statute of Order: | Exec. Order D-58-86, Labor Code §1025 et seq. |
| Covered Employers: | State agencies. |
| Applicant Testing: | Testing authorized of applicants to state agency positions of "sensitivity" if testing is job related. |
| Employee Testing: | Testing authorized of state employees in positions of "sensitivity." Employees who test positive may be referred for treatment or may be suspended or removed from job. Private sector and public employers of 25 or more must "reasonably accommodate" employees who want to enter drug treatment programs. |
| Conditions & Methods: | In state agencies, advance notification of employee or applicant, documentation showing chain of custody, and confirming test in case of positive findings. |
| Pass Drug Testing Bulletpoints: |
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1) Who Must Test
Basically state law requires those individuals who work with and for the
public must undergo drug testing. For example, city bus drivers and police
officers must undergo mandatory drug testing. Of course this is to ensure
the safety of the public. Private companies do face some boundaries as to
the employees they can drug test and when these tests can occur. All in all
however, private companies can conduct drug testing.
2) Types of Drugs
There are no state laws set forth by any court in CALIFORNIA stating what
types of drugs can and cannot be tested for. Therefore employers have the
option to test for something as extreme as heroin or as harmless as
ibuprofen. The majority of employers test for only those drugs that might
cause impairment on the job.
3) Disclosure
Neither public nor private companies are required to post a notice in their
place of business that they test employees for drug use.
4) Company Statutes
There is no requirement that companies have a formal policy regarding drug
testing included in their employee handbook. Therefore an employee cannot
expect to find a written drug policy in the employers statutes.
5) Types of Tests
There are no limitations as to what type of testing a company can or must
use to test for drugs. Therefore a company can opt for the standard urine
test or select the more extreme blood test or even request a hair sample be
examined.
6) Who Pays
No employee can be forced to pay for a drug test. The employer, whether it
is a public or private company, must pay all drug testing fees and charges
as the cost can be quite prohibitive.
7) Who Can Be Tested
In San Francisco an employer cannot test employees for drugs randomly.
However, outside of San Francisco random drug testing is allowed if an
employee is directly responsible for the public’s safety or conducts an
activity that could jeopardize the public’s safety.
8 ) When Can an Employee Be Tested?
There is no set day and time an employee is tested for drug use. Standardly
drug testing takes place just prior to starting a job but there is no law
that states when employers must drug test. An employer might request a drug
test if there is an accident at work to clear the employee of drug use.
9) The Lab
Where an employer requests an employee go for drug testing is up to the
discretion of the employer. There is no mandatory facility that must be used
for drug testing by law or ordinance.
10) Positive Results
An employee that test positive for drug use is at the mercy of the company.
There is no statute that states a company must or must not prosecute and
individual that is found to use drugs. Obviously, at the very least, the
employee will probably loose his job. However, if the employer feels it is
warranted, charges could be filed against the employee, especially if the
public was in jeopardy.
PASS A DRUG TEST IN CALIFORNIA
