Both federal and state law limit the amount of personal information you can find out about your employees. Since privacy laws are different in every state, though, it's hard to know for sure whether you might be illegally invading your employees' privacy, unless you talk to a lawyer.

Drug and alcohol tests
When hiring for a job
During employment
Can I search my employee?
Can I listen to my employees' phone calls at work?
Can I watch or photograph my employees?
Asking about off-duty conduct

Drug and alcohol tests

Many employers test their employees to see if they are "under the influence" while on the job. The employer usually requires the employee to provide a urine sample, which is sent to a laboratory that tests the sample and reports back to the employer on what drugs were found in the urine.

If your state has laws protecting an employee's right to privacy, the employee might be able to refuse a drug test - under very limited circumstances. But you often have the right to test your employee for drugs and alcohol, especially if the job is "safety sensitive" and the employee could hurt himself or others while intoxicated.

When hiring for a job

A potential employer generally has the right to ask a job applicant to take a drug test.

During employment

The laws of your state might prohibit a surprise ("random") drug test if your employee works in a "non-safety" sensitive job, but allow such tests for "safety-sensitive" jobs. An employee has a "safety sensitive" job if he is responsible for his own or other people's safety and it would be especially dangerous if he is using drugs on the job. For example, driving a school bus, operating a forklift, or working in a nuclear power plant are "safety sensitive" jobs.

A surprise test is one required without a reason or prior notice. If your state forbids surprise tests, that means you must have a reason to test the employee - such as the fact that the employee appears intoxicated or has previously had drug or alcohol problems.

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