What Drugs Can A California Employer Test For?
California employers can test for a range of drugs, which typically include but aren’t limited to marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). The chosen drugs often align with federal guidelines, ensuring the tests aren’t overly intrusive or unrelated to job performance.
What Is California’s Law Regarding Medical Marijuana Use and Employee Drug Testing?
While California was one of the first states to legalize medical marijuana use, it doesn’t offer blanket protection to employees who use it. Employers can enforce workplace drug testing policies and refuse to hire or can terminate employees if they test positive for marijuana, even if the use is medical.
Here are some key points to consider.
Medical marijuana use is legal in California under the Compassionate Use Act of 1996 and the Adult Use of Marijuana Act of 2016. However, these laws do not protect medical marijuana users from employment discrimination or drug testing.
Employers in California have the right to maintain a drug-free workplace and to conduct pre-employment, reasonable suspicion, or post-accident drug testing for marijuana and other substances. Employers can also terminate or refuse to hire employees who test positive for marijuana, regardless of whether they have a medical recommendation or not.
The California Supreme Court ruled in Ross v. RagingWire Telecomms, Inc. that employers may drug test employees for marijuana and terminate their employment if the employee fails the test. This is true even if the marijuana was recommended for medical reasons.
There are some exceptions and limitations to the employer’s right to drug test employees for marijuana. For instance, employers cannot randomly drug test employees whose jobs do not impact public safety unless there is a compelling reason to do so. Employers must also balance the employee’s right to privacy with the employer’s interest in maintaining a safe and productive workplace. Additionally, employers must comply with federal and state laws that prohibit discrimination and harassment based on disability, medical condition, or other protected characteristics.
California’s proposed law, AB 1256, which would take effect on January 1, 2024, if passed, will prohibit employment discrimination based on off-duty use of marijuana unless the employer can show that the employee was impaired on the job. The law will also prohibit employers from relying on drug tests that detect nonpsychoactive cannabis metabolites, which do not indicate impairment, only past use of marijuana. The law will not apply to employees in the building and construction trades or to employees who require a federal security clearance.
As you can see, California’s law regarding medical marijuana use and employee drug testing is not straightforward and may change in the future. If you have any questions or concerns about your rights or obligations as an employee or an employer, you should consult a lawyer who handles employment law cases.
What Happens if I Fail a Drug Test in California?
The consequences for failing a drug test in California vary depending on the employer’s policy and the nature of the job. Some potential outcomes include the following.
Refusal of Employment Due to Pre-employment Screening
When job applicants undergo pre-employment drug screenings, a positive test can have immediate consequences. Many employers in California, while they may accept recreational or medicinal marijuana use socially, might not deem it appropriate in the workplace, especially if they believe it could impact job performance. For positions that are safety-sensitive, like those involving heavy machinery or transportation, a positive drug test might indicate a potential risk.
Employers often prioritize the safety and efficiency of their operations, and a drug-free workplace can be seen as conducive to that. Companies with federal contracts may be required to refuse employment based on positive drug tests, aligning with federal laws that still classify marijuana as an illegal substance.
Termination or Suspension from Current Job
For current employees, the implications of a positive drug test can be even more immediate and severe. Termination or suspension might ensue, especially if the employee’s contract or the company’s policies have clear stipulations against drug use.
Even in the absence of explicit policies, employers might view drug use as an impediment to optimal job performance or a potential liability. This is especially true if the drug use leads to mistakes, accidents, or conflicts in the workplace. The nature of the job, the employee’s role, and the specifics of the drug detected can all factor into the employer’s decision.
Mandatory Enrollment in a Drug Rehabilitation Program
Instead of immediately resorting to punitive measures, some employers might opt for a more rehabilitative approach. Recognizing that drug addiction can be a medical issue, these employers might require employees who test positive to enroll in a drug rehabilitation program.
This approach reflects a more compassionate stance, understanding that addiction might be a symptom of larger personal issues. By addressing the root cause, the hope is that the employee can eventually return to their position and perform their duties without the influence of drugs.
Reporting to Licensing or Certification Boards
For professionals in fields where public safety is paramount, a positive drug test might not just lead to employment consequences but could also have broader career implications. Fields such as healthcare, law, aviation, and public transportation often have strict drug policies, recognizing the potential harm that could come from impaired professionals.
If an employee in these sectors tests positive, the employer might be obligated, either morally or legally, to report the results to relevant licensing or certification boards. This could lead to the revocation of professional licenses or certifications, which could hinder or halt the individual’s career in that field. It underscores the gravity of drug use in professions where the stakes are particularly high.
What Rights Do California Employees Have? Can I Sue if My Rights Were Violated by Workplace Drug Testing?
California employees have the right to privacy, which extends to their personal health information. If an employer administers drug tests in a manner that violates this right or discriminates against specific groups, the employee might have grounds for a lawsuit. For example:
- If an employer only subjects employees of a certain ethnicity or age group to random tests;
- If the results of a drug test are shared without the employee’s consent, it violates confidentiality norms;
- If drug tests are conducted in an invasive or humiliating manner.
In such cases, seeking compensation or corrective action through the help of a local employment attorney is a possible option.
Do I Need a California Employment Lawyer if I Have a Drug Test Issue?
If you believe your rights have been infringed upon due to a drug testing issue, or if you’re an employer looking to create a drug testing policy compliant with state laws, consulting with a local employment attorney is wise.
LegalMatch can connect you with a California employment lawyer who can provide the guidance you need to address your drug test concerns effectively.
