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:
  • There are laws in CALIFORNIA that permit the use of marijuana for limited medical use only.
  • Employers with State agency awarded contracts and grants are required to certify that they provide a drug-free awareness program and that they have a published policy on controlled substances distributed to their employees. The Department of General Services is tasked with blacklisting contractors who fails to comply with these provisions. However, primary State grantees or contractors are not required to make sure that their subcontractors also have drug-free workplaces.
  • Testing for controlled substances for public transportation drivers is mandatory.
  • With reference to related CALIFORNIA statutes, any pre-employment or continuing employment related medical testing costs or fees are at the sole expense of the employer.
  • As per the Department of Health’s enforcement of existing state laboratory licensing laws, on-site testing is prohibited. Drug testing may therefore be administered only by a licensed physician and only at certified testing laboratories.
  • Use of controlled substances may cause a person to be ineligible for workers’ compensation and unemployment benefits.
  • Employers with 25 or more employees are required to provide “reasonable accommodation” to employees who voluntarily submit to drug or alcohol rehabilitation programs provided no undue hardship is imposed on the employer.
  • 10 Things to Know To Pass A Drug Test In California.

    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

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