Get Reasonable Suspicion Checklist

If drugs or alcohol are mentioned in your medical records, after making an initial disability decision, Social Security will make a "DAA determination" to see whether your use of drugs or alcohol is contributing to your disability. If the SSA finds that it is, your disability claim will be denied.

California law allows an employer to require a "suspicionless" drug test as a condition of employment after a job offer is made but before the employee begins working. However, pre-employment testing is becoming increasingly complex in California, especially as it relates to marijuana/cannabis.

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.

If you suspect an employee of being impaired on the job: Take immediate action to remove the employee from any safety-sensitive work and begin gathering evidence of the incident. If applicable state laws and your employer policy allows, send the employee for a drug or alcohol test.

Post- Accident Testing California employers should conduct post-accident drug testing only when they believe the individual caused or contributed to the accident.

Section 8205 - Reasonable Suspicion Testing (a) An employee may be tested when there is a reasonable suspicion that the employee may have engaged in drug, alcohol or substance use or appears by observable subjective factors to be impaired.