Can An Employer Require Me To Take A Drug Or Alcohol Test?

Can An Employer Require Me To Take A Drug Or Alcohol Test?

Employers are legitimately concerned with workplace safety, job performance and absenteeism and generally have the right to implement drug testing for job applicants or existing employees. The Americans with Disabilities Act (ADA) permits pre-employment illegal drug testing but not alcohol testing. The ADA also permits employers to discriminate against illegal drug users.

Various Federal agencies, including the Departments of Defense, Treasury and Transportation, require some of their own federal employees to be tested for drug use.  The Department of Defense also requires drug testing of some defense contractors. The Department of Transportation and the Nuclear Regulatory Commission require drug testing and permit alcohol testing for certain employees of employers in the industries they regulate. These industries include:

	Aviation.
	Interstate Pipelines.
	Mass Transit.
	Railroads.
	Shipping.
	Trucking.

All federal grant recipients and some outside contractors are required by the Drug-Free Workplace Act (DFWA) to maintain a drug-free workplace. 

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