Q & A – If I am not required by law to drug test, can I still do it?

Q. If I am not required by law to drug test, can I still do it?

A. Generally, yes, although this area may be governed by state laws or local ordinances. Many employers use drug testing as a pre-employment screening tool for applicants and a risk management tool for employees. Drug testing raises the potential of privacy claims. Employers should work with legal counsel to design a program that is tailored to meet their business needs and take employee privacy concerns into account.

Some state and local laws limit an employer’s ability to conduct random drug testing.