Private employers can generally drug test applicants and employees, but state laws set conditions on when and how. Some jobs, such as federally regulated transportation, require testing.
When testing may occur
- Pre-employment, after a job offer.
- Random testing, allowed for some roles and in some states.
- Reasonable suspicion of impairment.
- After an accident.
- Return to duty after a violation.
Rules that vary
Many states regulate how and when private employers can test, such as requiring written policies, notice, a confirmation test or a chance to explain a result. Public employers face constitutional limits on testing. Safety-sensitive jobs governed by federal rules have mandatory programs.
Marijuana and prescriptions
Even in states where marijuana is legal, employers may still be allowed to prohibit use, and some states protect off-duty use or medical patients in some situations. Prescription medications can be a disability issue, and an employer may need to consider accommodations.
If you test positive
- Ask for a copy of the policy and the test results.
- Ask for a confirmatory test and report medications you take.
- Check whether your state requires an opportunity to explain or to enter treatment.
- Keep records and consult an employment attorney if you believe the test or process was unfair.
Frequently asked questions
Can I refuse a test?
You can, but an employer may treat refusal as a policy violation, so understand the consequences first.
Can I be fired for a positive test?
In many places yes, but state protections, accommodations and procedural requirements may apply.