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It truly depends.

Drug testing laws are fragmented with the laws differing among states, type of employee (public vs. private), and nature of the job. One thing in certain, in some instances random drug testing is mandated, e.g., for satety-sensitive jobs under the Omnibus Transportation Employee Testing Act of 1991.

The majority of employers across the United States are NOT required to drug test and many state and local governments have statutes that limit or prohibit workplace testing, unless required by state or Federal regulations for certain jobs. Also, drug testing is NOT required under the Drug-Free Workplace Act of 1988. On the other hand, most private employers have the right to test for a wide variety of substances. It is very important that before designing a drug-testing program you familiarize yourself with the various state and Federal regulations that may apply to your organization.

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12y ago
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12y ago

Yes.

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Q: Is random drug testing in the workplace illegal?
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