What does Texas law say when it comes to drug testing an employee?
No employer wants to find out that they hired someone who's prone to illegal drug usage, so many pre-employment background checks are often coupled with a drug test. Sometimes, drug testing occurs randomly even after the candidate has been hired and while they are officially an employee.
What's legal and what's not, though? Here's a general overview about drug testing in the workplace in Texas:
While there is no federal law that actually requires drug testing for all employees before starting work, there is a federal law that pretty much doesn't leave room for any other option when it comes to certain federal employees. The Drug-Free Workplace Act of 1988 requires that any employers who receive federal grants or contracts must ensure that their employees are drug-free, or else risk losing their funding.
What about drug testing laws in Texas specifically? According to the Texas Workforce Commission, there is almost no limitation on the right of private employers when it comes to adopting drug and alcohol testing policies for their workers. The most basic limitations include prohibitions against illegal workplace discrimination while administering a drug test.
State law also requires employers in Texas with more than 15 employees and workers' compensation coverage to adopt a workplace drug reduction policy of their own choosing.
Confused about drug testing policies at your place of work? It's best to consult with an experienced employment attorney if you have any specific questions.