Sacramento California Memo to All Employees Regarding Drug Testing

Name: Sacramento California Memo to All Employees Regarding Drug Testing
Brand: US Legal Forms
Rating: 4.77 (268 reviews)

Category:

Employment - Employee Drug Testing

State:

Multi-State

County:

Sacramento

Control #:

US-AHI-281

Format:

Instant download

Description

This AHI memo is to all employees regarding the company's drug testing policy.

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FAQ

You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.

The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.

Drug and alcohol testing in the workplace is legal as long as it is administered fairly, however, it is not enforceable by law; you can refuse to partake in a drug or alcohol test. Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job.

Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.

While there is no requirement to notify an applicant in advance of a drug test, he or she is free to refuse to submit to it. Refusal to submit, of course, may be grounds to terminate the application process.

California law does not require employers to drug test their employees unless doing so is necessary to comply with federal law. Many employers, however, still conduct drug testing and require it as a condition of employment.

A worker can also refuse to take a drug test when it would violate a state law. In addition, a worker can refuse to undergo a drug test if they believe and can prove that the reason they have to get one is based on discrimination.

Absent a federal legal mandate to conduct random testing, a California employer may engage in random testing only if the employer can make a strong case that an employee works in a safety-sensitive position and, if allowed to work under the influence of drugs, would pose some imminent safety or health threat with

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.

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Set up random drug testing; watch over the parent's progress in treatment. California led the nation in legalizing medical marijuana (cannabis).If you're thinking about using medicinal marijuana, here's what you need to know. NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Every new employee serves a 6 to 18 month probationary period. After successfully completing the probationary period, the employee acquires permanent status. To make an appointment or get detailed lab information use the search below. Walk-ins are also welcome.

Sacramento California Memo to All Employees Regarding Drug Testing

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