Your Drug-Free Workplace
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FAQ
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws
The Act does not require employers to report positive drug tests to the federal government. The only reporting requirement is triggered solely if an employee is convicted of a drug offense occurring at the workplace. 5.
Nothing in the FMLA prohibits an employer from requiring an employee to submit to drug testing once the employee has returned to work.
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws
Implementing a Drug Free Workplace Program helps screen out job applicants with substance abuse issues, which saves time and resources in the hiring process. In fact, people with substance abuse issues are less likely to apply for a position with a company that has a known Drug Free Workplace Program.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 81) is an act of the United States which requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.
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.
While laws can vary from state to state, it's clear that the answer to does drug free workplace mean drug testing? is yes. Drug testing is a key component of maintaining a drug-free workplace.
