Is Random Drug Testing Legal?

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Is Random Drug Testing Legal?

drug testing equipment

There are many reasons why a company might decide to have a random drug testing policy. Maybe it is a concern with safety or your employer genuinely suspects that you or other employees are using drugs. Whatever the case may be, employers usually have a right to institute their own policies. However, they can go overboard or forget to take some crucial steps to make their policies apparent to the people who work for them. In cases like these, an Atlanta employment rights attorney may be able to help you out.

Does Federal Law Allow Random Drug Testing?

Surprisingly, federal law does not generally get too specific when it comes to employers and their random drug testing policies. The federal government sets few regulations about what a company can do and only explicitly requires testing in a few industries, like transportation and aviation. For the most part, companies are free to set their own policies.

Does Georgia Require Random Drug Testing?

Random drug testing is completely voluntary in the state of Georgia, but many employers do it. This is because having a drug-free workplace can help them save on some other costs, including workers’ compensation insurance premiums. So many workplaces do have policies on drug testing, and they have a bit of leeway in what kinds of policies they can enact. The important thing is that they notify their employees about what their policies are.

When Can an Employer Drug Test Someone?

Because there are really no specific state rules governing random drug testing, an employer can ask an employee to submit to a test at just about any time. Employers commonly ask for a drug test when:

  • An employee is in the process of getting hired
  • An accident happens in the workplace
  • Someone is suspected of using drugs at work
  • When someone returns from rehabilitation after a positive drug test

How the employer disciplines an employee who tests positive for drugs is largely up to them. They can fire or suspend an employee. They could merely issue a warning. They might also decide that mandatory enrollment in a treatment program is necessary.

When Should I Talk to an Employment Lawyer?

There are some times when an employer could be violating your rights with their random drug testing policy. You should schedule an appointment with our employment attorneys if you:

  • Suspect that your employer did not follow state testing policies, like conducting a confirmation test after a positive result
  • Think that the test was not performed by qualified individuals
  • Had your privacy invaded as a part of the test
  • Believe that you are being discriminated against based on a disability or health condition
  • Get a false positive and your employer spreads that information around, defaming you

Contact Our Firm Today

If you believe that your employer has violated the rules on random drug testing, contact Ben Barrett Law. We can help you protect your rights in the workplace and fight back against unfair policies. Schedule your consultation today.

Our Philosophy

Our firm hand-selects challenging, complex cases that other attorneys won’t touch so we can deliver the highly-personalized attention your case deserves. From consultation to trial, we advocate for employees’ rights, every step of the way.

Our Principle

We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

Our Definition Of Success

We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

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