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California law allows an employer to require a "suspicionless" drug test as a condition of employment after a job offer is tendered but before the employee begins working.
California prohibits random drug testing. Employers must give notice to all employees, including prospective employees, before drug testing. An exception to this law is for employees in public jobs and where public safety is of concern.
Controlled Substance Abuse Testing (CSAT) Program.
California law allows an employer to require a "suspicionless" drug test as a condition of employment after a job offer is tendered but before the employee begins working.
Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
Employees have a right to privacy protected by the California Constitution, and generally speaking, the law prohibits employers from requiring a drug test once employment has begun.
The constitutional right to privacy almost universally prohibits random drug testing in California. For most jobs, an employer must give notice to all current and prospective employees before a drug test.
Under current California law, employers are allowed to require suspicionless drug tests as a condition of employment, according to the California Chamber of Commerce. Employers are not allowed to randomly drug test their employees, except under certain narrowly defined circumstances, again according to CalChamber.
B. Drug confirmation testing is considered included in CPT codes 80305 80307 and HCPCS codes G0480 G0483, G0659, and is not eligible for separate reimbursement.
An employer that has a reasonable suspicion that an employee is using drugs may be on safe legal ground in testing, provided that the suspicion is based on objective facts. Random testing is more controversial, although courts have upheld random testing for very safety-sensitive positions.