Drug tests 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 your right to privacy, you might be able to refuse a drug test - under very limited circumstances. But employers often have the right to test you for drugs and alcohol, especially if your job is "safety sensitive" and you could hurt yourself or others while intoxicated.

When applying for a job

If you are applying for a job, the potential employer generally has the right to ask you to take a drug test.

During employment

The laws of your state might prohibit surprise drug tests (random drug tests) if you work in a "non-safety" sensitive job, but allow such tests for "safety-sensitive" jobs. You have a "safety sensitive" job if you are responsible for your own or other people's safety, and it would be especially dangerous if you are 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 (or random drug test) is one required without a reason. If your state forbids surprise tests, that means the employer must have a reason to test you - such as the fact that you appear intoxicated or have previously had drug or alcohol problems.

Drug tests required by government employers

If you work in a government job (local, state, or federal), you generally have more protections against unwanted drug tests. That's because you are probably covered by a constitutional protection against "unreasonable searches and seizures". A drug test is considered a "search" of your urine or blood. But, such a search is deemed "reasonable" if your job includes carrying a gun, protecting public safety (e.g., a firefighter) or working in transportation (such as driving a city bus.)