Which of the following jobs is subjected to drug tests under the Drug-Free Workplace Act of 1988

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.

Índice Show

Routine or Random Drug Testing
Reasonable Suspicion Testing
Public Employers & Drug Testing
Private Employers & Drug Testing
Local Drug Testing Ordinances
Transportation Industry Alcohol and Drug Testing
Disability Discrimination and Drug Abuse
Drug or Alcohol Rehabilitation
Drug-free Workplace Policies
California Drug-free Workplace Act
Federal Drug-free Workplace Act
Wrongful Termination and Drug Testing
Related Resources

Routine or Random Drug Testing

You may not require employees to submit to random drug testing, except under certain narrowly defined circumstances.

Reasonable Suspicion Testing

The courts have generally been supportive of requiring alcohol or drug testing based on specific objective facts and rational inferences drawn from those facts that indicate drug or alcohol abuse, although these facts and inferences may fall short of clear probable cause. The courts have clearly upheld testing of employees after a serious accident.

Public Employers & Drug Testing

In a 1997 case, the California Supreme Court refused to allow drug testing to the City of Glendale' s current employees who were applying for promotions, but did allow drug testing of applicants.

Private Employers & Drug Testing

In the case cited above, however, the court also considered drug testing and the right to privacy under the state Constitution in its decision, which would apply to private employers.

Local Drug Testing Ordinances

San Francisco enacted a local ordinance relating to subjecting employees to drug testing. You may want to consult legal counsel before engaging in drug testing of employees in San Francisco.

Transportation Industry Alcohol and Drug Testing

Both state and federal laws impose strict requirements on employers and operators engaged in commercial transportation, with respect to alcohol and drug testing. Failure to comply with these regulations can result in significant penalties both to employers and to individual operators.

Disability Discrimination and Drug Abuse

The federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) do not protect individuals who currently use drugs or abuse alcohol. However, these laws do protect persons who are former abusers of alcohol or illegal drugs and who have been successfully rehabilitated either through a supervised rehabilitation program or through their own program, and who no longer use illegal drugs or abuse alcohol.

Drug or Alcohol Rehabilitation

If you have 25 or more employees, you must reasonably accommodate any employee who volunteers to enter an alcohol or drug rehabilitation program, provided the reasonable accommodation does not impose an undue hardship on your business.

Drug-free Workplace Policies

Whether or not your employees come under the requirements of state or federal drug-free workplace regulations, you may choose to create a drug-free workplace policy and/or include a drug-free workplace provision in your employee handbook. Proposition 64, the Adult Use of Marijuana Act, legalized the recreational use of marijuana for adults 21 years old and over. California also allows medical marijuana use with a prescription.

Even though recreational and medical marijuana are now legal, California employers still maintain the right to enforce a drug-free workplace policy, including prohibiting marijuana. If you include a drug-free workplace policy, there are a set of guidelines that can help you keep the policy fair, clear and consistent.

California Drug-free Workplace Act

If you contract with or receive grants from the state of California, California's Drug-free Workplace Act of 1990 requires you to certify that you provide a drug-free workplace.

Federal Drug-free Workplace Act

If you enter into a federal contract for the procurement of property or services valued at $100,000 or more, or if you receive any federal grant, you must follow the regulations of the Drug-Free Workplace Act of 1988.

Wrongful Termination and Drug Testing

California courts have developed at least three wrongful termination theories, which employees who have been terminated for refusing to submit to drug testing can use as a basis for lawsuits.

HRCalifornia subscribers have access to several tools and services that help those who manage human resources to work through drug and alcohol-related issues, including:

Last Chance Agreement Checklist for Employee with Substance Abuse Problem

Use this checklist when creating a Last Chance Agreement to give employees that were once productive and valuable but have developed recent substance abuse-related performance problems—and have failed to correct them when identified—a last chance to improve their performance before termination.

Many federal contractors and all federal grantees are required by law to establish and maintain a drug-free workplace policy.

The most important piece of legislation regulating federal contractors and grantees is the Drug-free Workplace Act of 1988 (PDF | 204 KB). Under the act, a drug-free workplace policy is required for:

Any organization that receives a federal contract of $100,000 or more
Any organization receiving a federal grant of any size

At a minimum, such organizations must:

Prepare and distribute a formal drug-free workplace policy statement. This statement should clearly prohibit the manufacture, use, and distribution of controlled substances in the workplace and spell out the specific consequences of violating this policy.
Establish a drug-free awareness program. This program should inform employees of the dangers of workplace substance use; review the requirements of the organization's drug-free workplace policy; and offer information about any counseling, rehabilitation, or employee assistance programs (EAPs) that may be available.
Ensure that all employees working on the federal contract understand their personal reporting obligations. Under the terms of the Drug-Free Workplace Act, an employee must notify the employer within five calendar days if he or she is convicted of a criminal drug violation.
Notify the federal contracting agency of any covered violation. Under the terms of the Drug-free Workplace Act, the employer has 10 days to report that a covered employee has been convicted of criminal drug violation.
Take direct action against an employee convicted of a workplace drug violation. This action may involve imposing a penalty or requiring the offender to participate in an appropriate rehabilitation or counseling program.
Maintain an ongoing good faith effort to meet all the requirements of the Drug-free Workplace Act throughout the life of the contract. Covered organizations must demonstrate their intentions and actions toward maintaining a drug-free workplace. Their failure to comply with terms of the Drug-Free Workplace Act may result in a variety of penalties, including suspension or termination of their grants/contracts and being prohibited from applying for future government funding.

46. Which of the following jobs is subjected to drug tests under the Drug-Free Workplace Act of1988?a) Elementary school teacher in a private schoolb) Cashier at a retail storec) Taxi driverd) Technician in a company regulated by the Nuclear Regulatory Commission.e) Software designer at MicrosoftAns: dDifficulty: Medium