Can I Drug Test an Employee in California?

An employee appears impaired at work. There has been a workplace accident. A manager wants to start random drug testing. Can you require a drug test?

In California, the answer depends on the circumstances. Employers may have legitimate workplace safety concerns, but employees also have privacy protections. Before requiring a current employee to test, you need a valid reason and a process for handling the situation.

Reasonable Suspicion Testing

Reasonable suspicion is one of the primary circumstances in which testing a current employee may be appropriate. The decision should be based on specific, observable facts suggesting an employee may be impaired, not a hunch, rumor, or assumption.

Possible observations could include slurred speech, unsteady movements, difficulty responding to questions, unusual behavior, the smell of alcohol, or significant changes in performance. When possible, have more than one trained manager observe the employee independently and document exactly what they saw or heard.

What About Post-Accident Testing?

A workplace accident does not automatically give you the right to drug test an employee. Consider the circumstances, seriousness of the incident, and whether there is a reasonable basis to believe drugs or alcohol may have contributed. In California, employers should avoid policies that automatically require drug testing after every workplace incident without considering the specific circumstances.

Can You Randomly Drug Test Employees?

For most California employers, random drug testing of current employees is generally not permitted. There are limited exceptions, including certain safety-sensitive positions and highly regulated industries. If you believe an exception applies to your workforce, get legal guidance before implementing a random testing program.

California Cannabis Protections

California law generally protects employees from discrimination based on lawful, off-duty cannabis use. Employers also face restrictions on relying on tests that detect non-psychoactive cannabis metabolites.

This does not mean employees can come to work impaired. It does mean employers need to be careful about what they are testing for and what the results actually establish. Talk with your testing provider about the type of test being used and whether it is appropriate under California law.

Have a Process Before You Need It

The worst time to figure out your drug testing process is when a manager calls HR and says, “I think this employee is under the influence. What do I do?” Your drug and alcohol policy should address when testing may occur, who can authorize it, how observations are documented, what happens while testing is completed, and how violations are handled. Managers also need training on what to observe, what to document, and when to involve HR.

If you are unsure whether your drug and alcohol policy or testing practices are appropriate for your California workforce, HR Done Right can help you review your process and identify where additional guidance may be needed.