A: Most employers are not legally required to administer drug tests. Federally, drug testing is required by employers subject to Department of Transportation, Department of Defense, and Department of Energy regulations. These regulations lay out specific requirements for employers to follow. Another federal law, the Drug Free Workplace Act, requires covered employers to take steps to assure that their workplaces are drug free, but stops short of requiring testing.
Q & A – Am I required to drug test applicants and employees?