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How Often Can You Drug Test in the Workplace?

employment drug test laws

Employers may use drug screens to eliminate workplace problems. The use of drugs could cause high employee turnover, absenteeism, or even workplace accidents. On the other hand, using drugs may cause violence and low productivity. 

Therefore, as an employer, it is ideal to have your workers take pre-employment drug tests. Your staff can also take a periodic check that can be then administered on an annual basis every two years. As the employer, you may conduct frequent testing based every year. 

After a workplace accident, your employer can make it mandatory that you test for drugs if the accident was instigated by alcohol. There are no limits to random drug testing at the office if drugs are involved. The employer can call for drug testing after each qualifying accident. 

Wondering what the employment drug test laws say about how frequently you can test in the workplace? Here’s what you need to know.

Drug Testing Methods

Most of the employers use urine samples for employee drug tests. The urine is then tested for drugs as well as alcohol. Urine is the least expensive form of drug test.

It is an effective method that has been used for ages. You can also provide your blood, saliva, and hair for a drug test. Blood samples can also be acquired for drug tests. 

Even if it’s expensive, the results are more accurate. However, blood samples are only used in the medical working environment. 

You might also give samples of your saliva for testing. The saliva test is equally expensive. However, saliva is noninvasive.

Saliva testing is becoming popular since it is easy to collect. Employers may also use hair to test for drugs. Hair is also used to detect long term drugs use.

 Hair testing is expensive and requires more time for conclusive results to be attained. 


You might be asking yourself, is random drug testing legal? 

Most of the States within the United States do not allow random drug testing. Instead, the law suggests that the employer should conduct drug testing when suspicion arises. Suspicion means that your employer has sufficient evidence to prove that you are using drugs. 

Technically, a random drug test at work cannot be limited if the employer has reasonable suspicion. Under the law, the supervisor may document signs and symptoms to ascertain the drug claim. 

Employment Drug Test Laws

If you are an employee and your employers are forcing you to take multiple drug tests, it means that you are targeted unfairly. The employment drug test laws demand that you either take action or tolerate your employer. Tolerating the employer may be beneficial when it comes to safeguarding your job.

Based on the random drug testing laws, your employer may perform regular tests which should be uniform to all the employees. The U.S. Department of Labor states that periodic testing can be used on an annual basis only. Still, there are no limits to the frequency of the random drug tests at work.

Contact us for more tips and ideas on employment drug test laws.  


Order a Test

Whether you are an individual looking to get a drug test done today or an employer looking to get a pre-employment drug test done today, ordering a test online is easier than ever! Just submit your order online, receive your test authorization by email, go to your local clinic to be tested, and receive your test results in 24 to 48 hours.

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