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Brownies rule
(lemmy.nz)
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this post was submitted on 14 Oct 2026
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Is it legal to take drug tests on employees??
I thought it was a movie thing...
In the US you are basically told that you either do the drug test or you are fired. So technically you "consent" to it.
Not drugs, but at my workplace (in EU) breath alcohol tests were common. Well, sort of. The managers were supposed to walk around with breathalyzers and test x random employees. But that would be inconvenient, so it got reduced to signing a form.
"Are you drunk?"
"No."
"Can you sign this form stating I tested you?"
"Yes."
"OK, thanks."
Anyway, I guess drug tests are more involved. How are they done?
Different types. Sometimes its a spit test. You spit into a tube and it gets sent off to be tested. Sometimes you pee in a cup. Theres a lot of paperwork and you certainly aren't just gonna say you did it and not do it.
In my industry they are only performed if you are involved in an incident where drug or alcohol use is suspected. The involved employees are sent to a medical testing facility for urine screening.
Just like how you give cops “consent” otherwise they will manufacture it.
My employer cold calls people. If you are contacted, you have 2 hours to report to the "wellness center" (on site) to take your drug test. If they cant get a hold of you, they call your boss. Then its their responsibility to track you down.
If youre a remote employee, there are labs all over the country that are approved facilities for you to go to and take the test.
We do random drug tests every quarter. And being selected doesnt exclude you from future testing. You could, in theory, be tested 4 times a year.
I personally havent been pulled in about 8 years, but the guy sitting next to be got it last week.
You people live in fuckin dystopia. Sorry for that.
Random. Sure. I bet there's a bunch of managers sitting around trying to guess who's on drugs by minuscule drops in performance.
It aint like that around here. Ive been here for 15 years and have only heard of 1 person failing a drug test. And he was a hell of an employee. Impossible to replace.
And it is random. The selection is orchastrated by a third party. All we do is provide an up-to-date list of names every quarter. They handle the selection and all other logistics/coordination required
Be vague, but can you tell us what industry you work in?
Aviation/aerospace
Not the commenter you replied to but I work in Canada at a NERC controlled facility and I don't get drug tested that hard. One test when I got hired and the agreement that they can test on suspicion or with probable cause. The only way I get randomed is if I had to do recovery paid for by my company for drugs or alcohol? And the only guarantee is being involved in an incident.
So to me it sounds like that commenter is working in America, probably in the south? Super anti drug and random drug tests are used to weed out minorities as well.
Also as an aside the fact you can go on a meth bender and test negative a couple days later, but legal weed in my country is flagged is fucked... and yes even though it's legal in Canada they can't prove the difference between recent use or intoxication, so if it shows up on a test you pissed hot and need to deal with it.
As with anything that happens in the States, it depends. I'm sure different states have different laws regarding testing, but what I'm most aware of is that some employers do pre-employment testing, and others will test after events.
I work in Illinois where weed is legal, so they're less testing for that and more for other substances. I work for a hospital, they probably want to know if a new nurse hire is positive for unprescribed opioids. Likewise, if a forklift driver runs into something causing damage, they're going to get tested as well.