Drugs and Alcohol

Eliminating substance abuse in the workplace is good for business. It reduces health insurance costs, improves employee productivity and reduces the likelihood of accidents, which adversely affect workers' compensation costs. California has gone so far as to eliminate smoking from the workplace.​​​​​​​​​​​​​​​​​​

  • Federal Drug-Free Workplace Act of 1988

    Federal Drug-Free Workplace Act of 1988If you enter into a federal contract for the procurement of property or services valued at $100,000 or more or receive any federal grant, you must follow the regulations of the Drug-Free Workplace Act of 1988.  More »

  • California's Drug-Free Workplace Act

    California's Drug-Free Workplace ActCalifornia's Drug-Free Workplace Act of 1990 is almost identical to the federal act, but applies only to people or businesses contracting with or receiving grants from California state government.  More »

  • San Francisco Drug Testing Ordinance

    San Francisco Drug Testing OrdinanceThe city of San Francisco has enacted a local ordinance relating to drug testing. This ordinance places certain explicit limitations on an employer’s ability to require drug testing.   More »

  • Federal Department of Transportation (DOT) Drug Testing

    Federal Department of Transportation (DOT) Drug TestingThis section summarizes federal Department of Transportation (DOT) drug testing regulations. At the time of publication, the latest revision occurred in 2010.   More »

    Read about new 2011 regulations.
  • When Drug Testing Is Permitted

    When Drug Testing Is PermittedYou are permitted to conduct drug testing in five circumstances: during pre-employment screening, as part of a physical examination, under reasonable suspicion, during post-accident testing, as a part of random testing.  More »

  • Employee Privacy and Drug Testing

    Employee Privacy and Drug TestingCalifornia is one of seven states whose constitutions also guarantee an individual's right to privacy.  More »

  • Disability Discrimination and Drug Use

    Disability Discrimination and Drug UseThe federal ADA and the California FEHA do not protect individuals who currently use drugs. You can terminate, discipline or refuse to hire any individual who currently uses controlled substances or who is addicted to them.  More »

    Read about new 2011 court case.
  • Drug or Alcohol Rehabilitation

    Drug or Alcohol RehabilitationIf you have 25 or more employees, you must reasonably accommodate any employee who volunteers to enter an alcohol or drug rehabilitation program, if the reasonable accommodation does not impose an undue hardship on you.  More »

  • Wrongful Discharge and Drug Testing

    Wrongful Discharge and Drug TestingCalifornia courts have developed at least three wrongful discharge theories that employees who are terminated for refusing to submit to drug testing can use as a basis for filing lawsuits against their former employers.   More »

  • Drug-Free Workplace Policies

    Drug-Free Workplace PoliciesYou may want to create a drug-free workplace policy, regardless of whether your organization is required to do so under the Drug-Free Workplace Act.   More »

  • Smoking in the Workplace

    Smoking in the WorkplaceFor several decades, smoking in public has been hotly debated. In California, legislation began in the mid-1990's, resulting in a 1995 law that placed a uniform statewide ban on smoking in the workplace. Limited exceptions are allowed.  More »