If your Ohio employer has asked you to take a drug test, you may be wondering if the request is legal. The answer is yes. Many employees can legally be asked to take drug tests. This includes a lot of federal employees. Some of these federal employees are law enforcement officers or work within national security.
Private employers are also allowed to require drug testing. In Ohio, many employers administer drug tests to new hires or possible applicants for open positions.
When You Have a Legal Claim
While Ohio employers can drug test, there are rules they must follow. The way tests are administered and reviewed must follow the law. For example, if an applicant or an employee of a company has prescription medication in connection with a disability, they are protected under the Americans with Disabilities Act (ADA).
ADA can be part of a legal claim because there are medications that will register on a drug test as an illegal substances. This would be true of opiates, for instance. If an employer insists on a test and then turns down an applicant due to the medication that was prescribed in connection with a disability, a legal claim could move forward. If you feel mistakes were made in your circumstance, talk to our Columbus employment attorneys.
There are also times when a drug test can be an invasion of privacy. An employer is not allowed, under any circumstances, to require an employee to take off their clothes or give a urine sample in an environment that is not private and safe. This absolutely cannot be done in front of others.
When Would an Employer Authorize a Drug Test?
There are situations when an employer might see a drug test as an appropriate request. Often the request happens at the time of employment and may be a condition of employment. When companies do this they are testing all incoming employees. It is fair when all new hires are tested, it is not fair when individuals are singled out.
Other times when employers may authorize an employee drug test:
- There was reasonable suspicion that warranted authorization.
- An accident occurred in the workplace and it is being investigated.
- When a worker returns after a positive test and is being screened again.
Legal medical marijuana is the law in Ohio. According to the law, medical marijuana is permitted for medicinal use only. It can only be used by individuals who are being treated for a qualifying condition. Talk to our Columbus employment attorneys to learn more and understand your rights.
Has your Ohio employer asked you to take a drug test? Or, are you required to take a drug test as a condition of employment? You need to learn more about your rights as an employee. The lawyers at Coffman Legal LLC can assist you and explain when drug tests are legal and when an employer could be liable. Our attorneys are advocates for all Ohio workers. Contact us today. Call 614-949-1181 for a free and confidential consultation.