RBS News

 - May I drug test my employees?

 -  In Ohio, the answer is yes.  There are no federal or state laws which would prohibit an employer from drug testing an employee.  An employer may drug test pre-hire, following a workplace accident, randomly, or when based on reasonable suspicion that an employee is under the influence.  Through a drug free safety program employers may qualify for a discount from their workers compensation premiums.  

Although drug testing is permitted, employers could face liability if not done properly or equally.  For instance, if an employer only drug tested individuals in a protected class, such as race, gender, disability, etc…, it could face a claim.   Also, employees who have disabilities and must take certain medications for such disabilities and suffered an adverse employment action due to a positive drug test may have a claim against the employer for failing to accommodate.   

Finally, unionized employers may be prohibited from drug testing or limited in the testing that it may perform by its collective bargaining agreement.   



Should you have any questions regarding the drug testing, please feel free to contact me at 216-447-1551.