Random_Drug-Testing

Random Drug-Testing State Restrictions
The following jurisdictions currently prohibit or limit random drug-testing

Alaska	Possibly prohibited by case law in some circumstances. However, random testing is expressly authorized for employers in compliance with the state's voluntary drug-testing statute.
California	Limited by case law. Permitted for safety-sensitive or where the employer can show another "competing interest." Balancing test: each employee's privacy interests v/s the employer's competing interest. San Francisco prohibits this by statute.
Colorado	Boulder prohibits by statute.
Connecticut	Limited by statute. Permitted for "high-risk" or safety sensitive or if voluntarily agreed to by employee in an EAP (Employee Assistance Program.)
Maine	Limited by statute. Permitted as part of collective bargaining agreement or where "unreasonable threat to health and safety" if the employee was "under the influence."
Massachusetts	Limited by case law. Permitted for safety-sensitive, national-security and to protect proprietary information. Balancing test: employer's "legitimate business interests" v/s employee's right to privacy. Must avoid "unreasonable, substantial or serious interference" with an employee's right to privacy.
Minnesota	Limited by statute. Permitted for safety sensitive only.
Mississippi	Non-binding random testing restrictions. If employer is participating in voluntary state drug-testing law, certain procedural safeguards are required.
New Jersey	Possibly limited by case law. Permitted where employee's position is "fraught with hazard." May be prohibited absent a position "fraught with hazard" or similar competing public interest. Balancing test: public interest v/s employee's right to privacy. Specific policy requirements should be followed to avoid state privacy law violations.
New York	Possibly limited by state and case law. Not clearly prohibited or restricted, but may be.
Puerto Rico	Required for certain safety-sensitive positions. Otherwise, permitted with required procedural safeguards.
Rhode Island	Prohibited by statute.
Vermont	Prohibited by statute.
West Virginia	Limited by case law. Permitted for safety-sensitive positions only.
Federal Preemption	State and local prohibitions on random drug-testing are preempted by federal random drug-testing regulations. Other state law protections (e.g. restrictions, limitations, requirements) remain in effect.
Disclaimer	All of the foregoing is intended as general legal information only and is provided solely for the convenience of our clients. This information is not intended to be exhaustive or all-inclusive. ESS strives to keep up-to-date on the individual state laws and restrictions. Neither this information nor any related communication is to be construed as legal advice. The advice of legal counsel is strongly recommended prior to taking any action based on this information or any related communication. Please contact ESS if you have questions regarding your particular state laws. We have access to legal counsel who specialize in drug-testing laws.