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Are drug tests legal?

Home » Human Resources » Pre-Employment Testing » Are drug tests legal?

Yes and no. The answer depends on where you live, what kind of job you’re hiring for, and how you conduct the tests. For example, jobs involving public safety and driving often allow drug tests. Some states allow them no matter what kind of occupation. And some states don’t allow them no matter what.

Some facts and ideas you may want to know before you decide to do drug testing:


  • Some people argue that drug testing does not indicate whether an employee was impaired or intoxicated on the job, nor does it indicate whether an employee has a drug problem or how often the employee uses the drug. Because of this, they say that drug testing is irrelevant to job performance.
  • The Department of Labor estimates that 6.5 percent of full-time and 8.6 percent of part-time workers are current illicit drug users.
  • Experts in the field say that the company, not the candidate, is responsible for paying for drug testing. If the applicant wants any further testing completed, he or she must pay for it.
  • The applicant must be informed, in writing, of the testing requirement. Notify the applicant that you will keep all information confidential, only disclosing it to those who will make hiring decisions.
  • According to the Occupational Safety and Health Association magazine, 65% of accidents on the job are caused by substance abuse, and employees who abuse drugs file six times more worker’s compensation claims.

As a rule of thumb, before implementing any testing, including drug testing, contact an employment attorney and/or your state department of labor to make sure you’re clear on the rules.



Next Page: Should I rely on pre-employment tests alone to determine the right person to hire?

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