Principal, Jackson Lewis PC
Employers have long held the belief (and rightly so) that drug testing employees, both pre-employment and during employment, is an important tool in maintaining a safe and productive workforce. This principle is especially true in high risk industries, such as healthcare or manufacturing.
Multi-state employers already struggle with differing state laws governing when an employer can require an applicant or employee to submit to a drug or alcohol test. For example, is reasonable suspicion required? Is post-accident testing allowed? What testing methodology is permitted? Adding to these various state laws is the fact that, depending on…