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Drug testing can be legally done by private employers as long as they follow state guidelines. While states vary in the legal requirements for workplace drug testing, there are basic laws commonly found among most states, especially laws that protect basic employee rights,  prevent the production of inaccurate samples and discrimination. As an employee or prospective hire, it is important that you know what your rights are so that you remain protected, regardless of the results of any drug test that you are required to take.

Written policy

Most states require employers to inform job applicants and employees that they may be subjected to random drug testing before hiring and throughout the course of their employment. This must be in written form and must be signed by the employee to signify that he has read and understood the policy. Without a written policy, your employer may not be legally allowed to conduct any form of drug testing for you. In some states, a written policy is a strict requirement for an employer can hire a new employee.

Employee Privacy 

Privacy is still protected even with random drug testing in the workplace. This means that your employer is not allowed to assign personnel to watch you urinate in order to produce a urine sample. Instead, employers are allowed to enforce other means to prevent compromised samples such as dying toilet water, listening to the employee urinate, requiring the use of hospital gowns and the like.

Drug testing and prescription medication

In some cases, employers may conduct random drug testing on workers who are taking prescription medications, such as painkillers. These employees can be protected under the American with Disabilities Act (ADA), which provides that an employer cannot discriminate based on disability. However, this may not protect the employee if, over time, he has recovered from the disability or he is taking the medication illegally.

Reasonable suspicion

Many states allow employers to conduct random testing based on reasonable suspicion. While there is no federally-accepted definition of what reasonable suspicion entails, some states have set guidelines that are helpful in determining a reasonably suspicious circumstance. These include direct observation of drug use symptoms such as bloodshot eyes, slurred speech, agitation, anxiety and lethargy, uncoordinated movement and inappropriate response to questions. Other signs include reports of drug use by a reliable and credible party, evidence of tampering with drug results, and evidence that the employee has possessed, used, shared or sold prohibited drugs in the workplace.

State-approved drug laboratories

Many states impose stringent requirements on employers regarding the testing process. For example, some states require employers to use labs that have federal or state certification for the analysis of urine and other drug specimens. There are some tests that also require a confirmation testing before an employer can take further action.  Should a test come out positive, the same sample should be subjected to a confirmation testing to ensure that the initial result was not a false-positive. This means that if your drug test came out positive, you can demand a second test. This procedure is done to protect both the employer and the employee.

Confidentiality

It is the employer's responsibility to ensure that drug test information is only divulged to authorized personnel. Only those who need to know should be given access to the employee's drug test results. The employer also has the responsibility to make sure that the results are not accessible to unauthorized personnel by storing results in a secure vault or drawer.

Challenging drug test results

Employees can always challenge a drug test result or they can refuse to take an office drug test altogether. The best way to do this would be to question adherence to state-mandated testing requirements, procedure, and protocol. However, if the employee is fired due to the refusal, there may be little to no recourse, especially if the employee was properly informed of the workplace drug testing policy and such test was conducted due to reasonably suspicious circumstances.

Even if your employer is legally allowed to conduct random drug testing in the office, it doesn't mean that employees like you are helpless. Learning about drug testing requirements and how these are designed to protect your rights is helpful in making sure that this process is not subjected to abuse by either party.