We all understand why random drug testing is conducted in the workplace—and few would argue over its purpose—but that doesn’t mean we should lose sight of two core principles when it comes to employees: privacy and fairness. At the same time, employers need to feel that compliance is being enforced. Drug testing is, and always has been, a complex issue that ignites debate and sparks questions about individual vs. company rights. 

Whether you’re implementing a program or managing compliance, it’s vital to understand the rights and responsibilities of both sides, how the process works, and what steps can and should be taken in the event of a positive test.

What Is Random Drug Testing?

Drug testing usually falls into two categories: pre-employment and during employment. The first is self-explanatory: In order to be hired, an employee needs to pass a drug test. Simple. The second is more complex. Some companies institute annual or bi-annual drug tests—sometimes on specific dates—while others carry out random drug tests.

Random drug testing is carried out without prior notice and on an unpredictable basis. Employees may be called in to provide a sample at any time. The primary purpose of this is to deter regular substance use. An employee who knows when they have a scheduled drug test can mask their results or cleanse their system for a specific period to prevent positive results from showing up. However, random drug tests eliminate this possibility.

These tests are typically done through a randomized selection process designed to be fair and impartial. It’s not supposed to be a case of drug-use suspicions leading to a “chance” drug test, although that certainly happens. Employers commonly use urine, saliva, blood, and hair tests to detect the presence of drugs or alcohol. While some employers conduct these tests voluntarily to promote workplace safety, others are required to do so by law, particularly in safety-sensitive industries.

DOT Drug Testing

If your company operates within regulated industries, you can expect more random drug tests than other jobs. The Department of Transportation (DOT) mandates random drug testing for employees working in safety-sensitive roles, such as commercial drivers, airline pilots, and railroad operators. And let’s be honest, this does make sense. Nobody wants a Boeing 747 pilot who is partial to amphetamines, and you want to be sure that the railroad operators taking care of multiple high-speed services at once don’t have a marijuana problem.

Under DOT regulations, employers must randomly select employees for drug tests at a specific rate determined by federal guidelines. For example, the Federal Motor Carrier Safety Administration (FMCSA) requires that 50% of drivers be tested annually for drugs and 10% for alcohol. 

These tests are designed with stringent protocols to ensure fairness and accuracy. The substances tested typically include marijuana, cocaine, amphetamines, opioids, and PCP. Failing a DOT-mandated drug test can result in immediate removal from safety-sensitive duties, a referral to a substance abuse professional, and a series of steps required to return to work.

Non-DOT Drug Testing

Employers outside DOT-regulated industries might have fewer tests, but that’s not necessarily the case. This simply means they don’t fall under federal transportation laws. This gives companies more flexibility with their testing, which could mean fewer or more tests, but they must still adhere to state laws and company policies.

Non-DOT testing often targets substances similar to DOT tests but may include additional panels, such as benzodiazepines or barbiturates. These tests are generally used to ensure workplace safety and even as a form of productivity enhancement. The regularity and scope of the tests are down to the individual company, but employers must ensure their practices are legally compliant.

Why Is Random Drug Testing Important?

There are several reasons why random drug testing has become an internal part of company procedures. Firstly, and most obviously, it is a deterrent to substance abuse, ensuring that employees remain fit for duty. Now, the scope for the term “fit for duty” can be pretty broad. A job that involves painting walls for eight hours a day can, in most cases, be done under the influence without too much danger. Whether the job is done well is a different story. On the other end of the spectrum, a bus driver under the influence transporting children for multiple hours a day carries a shockingly unacceptable level of danger. 

The point here is that jobs vary. Random testing is critical for employers in safety-sensitive industries to prevent accidents, injuries, and even fatalities caused by impaired judgment or motor skills. Beyond safety, random testing is often implemented to enhance productivity and protect the company’s reputation. 

Anyone struggling with substance abuse is likely to exhibit decreased productivity, higher rates of absenteeism, and poor or erratic workplace morale. Employers that catch the situation early can support employees through the Employee Assistance Programs (EAPs) while also protecting the integrity of their business operations.

Finally, drug testing ensures that companies follow the law. While no federal or state regulations mandate drug testing outside of the DOT, anybody who falls into this category must follow proper testing protocols or face costly fines, legal battles, and reputational damage. 

Which States Permit Random Drug Testing?

Outside of DOT positions, it’s up to the company, but each state has its own random drug testing laws. These laws vary significantly and are sometimes incredibly complex, even within single states. This is one area where hardly any states operate in the same way. Here are a few examples.

• California: Since Loder v. The City of Glendale in 1997, California generally prohibits random drug testing unless the employee works in a safety-sensitive position.
• New York: Allows random testing only for employees in safety-sensitive roles or those regulated under federal guidelines.
• Florida: Permits random testing as long as employers follow state regulations and provide clear written policies to employees.
• Oklahoma: Permits both public and private employers to conduct random drug testing, provided they comply with the Standards for Workplace Drug and Alcohol Testing Act—a complicated set of laws.
• Texas: Does not restrict random testing, allowing employers to establish their own policies as long as they are clearly communicated.
• Ohio: Permits random testing with specific requirements for employee notification and consent.

We could spend several blog posts discussing each state, but let’s leave it at that. It’s a dizzyingly complex topic. For more information, check your state’s individual random drug testing policy. If you’re unsure how to proceed when an employee fails a drug test, we’ve put together this comprehensive guide. 

Can an Employee Refuse a Random Drug Test?

An employer may encounter situations where an employee refuses to take a drug test. While there’s no “official” positive test, refusing a random drug test is the same. Employees can argue all they want about their rights, but an employer will still look at it suspiciously. In many cases, employers will treat refusal as a violation of company policy, resulting in disciplinary actions such as suspension, termination, or the denial of workers’ compensation claims.

For DOT-regulated industries, refusing a drug test is considered a serious offense. The individual will be removed from safety-sensitive duties and required to undergo evaluation by a Substance Abuse Professional (SAP) before being allowed to return to work.

Employees in non-DOT industries may have more flexibility, but this doesn’t look good any way you spin it. A refusal is a refusal, and many employers will consider it an automatic positive result. If an employee believes a drug test was conducted unfairly or produced inaccurate results, they must be able to challenge the outcome through appropriate channels. 

What Substances Are Tested for in Random Drug Testing?

For jobs in DOT-regulated industries, comprehensive drug testing is required, screening for a wide range of substances. Tests carried out in non-DOT industries are usually a little lighter, but not always. Here’s a breakdown of substances employers typically include in drug testing panels:

• Marijuana (THC): Despite legalization in many states, THC remains one of the most frequently tested substances, especially in safety-sensitive industries.
• Cocaine: A potent stimulant that can severely impact judgment, reaction time, and focus.
• Amphetamines: Including both prescription drugs (like Adderall) and illicit substances (such as methamphetamine), which can cause hyperactivity, aggression, and impaired decision-making.
• Opiates: Substances like heroin, morphine, codeine, and prescription painkillers (e.g., oxycodone) which can slow reaction times and cloud mental clarity.
• Phencyclidine (PCP): A hallucinogenic drug that can cause severe behavioral changes, detachment from reality, and aggression.

These are the standards, but some employers might expand to include other substances such as benzodiazepines, barbiturates, alcohol, and synthetic drugs. 

Random Drug Test Best Practices for Employers

Employers must approach random drug testing with careful planning, fairness, and adherence to legal requirements. Here are some best practices to keep in mind:

Clearly Define Your Policy

The central pillar of any random drug test needs to be a clearly defined policy. Don’t make it up as you go, and ensure the testing procedures, the substances tested, the potential consequences of a failed test, and the steps for challenging inaccurate results are all clearly available and communicated to employees through handbooks or official documentation.

Use Impartial Selection Methods

Another cornerstone that, if violated, can lead to legal issues. To ensure fairness, tests need to be carried out accurately, randomly, and in an unbiased manner, using scientifically valid methods to select employees for random testing. These days, this is often done with computer-generated algorithms or random number tables. The key is to ensure that all employees have an equal chance of selection at any given time.

Maintain Confidentiality

Respecting employee privacy is essential. Employers should ensure test results remain confidential and are only accessible to authorized individuals. Violating confidentiality can not only harm employee morale but also result in legal challenges.

Follow Applicable Laws and Regulations

Keeping to the law is vital for obvious reasons. Despite the myriad of regulations at the state and federal levels, it’s up to the employer to ensure they are informed about relevant legislation and that their policies align with legal requirements.

Provide Resources for Dispute Resolution

Disputes happen, and it’s important to have clear procedures for employees to appeal or challenge inaccurate findings. False positives occur more often than you would think, so until confirmation, employers should refrain from jumping to conclusions. 

Frequently Asked Questions

Are Random Drug Tests at Work Really Random?

Yes—if conducted properly. While there are certainly cases of bias, this is against the law and can lead to legal challenges. Random drug tests are designed to be unpredictable and conducted without prior notice, often using a computerized random generator to ensure fairness. 

Can a Random Drug Test Be Observed?

In most cases, no. An employer cannot ask to observe when an employee is giving a urine sample, but if there’s suspicion of tampering, they may ask to be in the room but not directly in sight. Hair, saliva, and blood tests are typically conducted without observation, focusing instead on ensuring the sample’s integrity.

Final Thoughts

There are few topics quite as muddling as random drug tests. We all know why they’re conducted, but with each state having slightly different rules and regulations, this subject requires analysis on the part of both the employee and the employer to ensure that both compliance and rights are maintained. By following best practices, including transparent policies, unbiased selection methods, confidentiality, and providing resources for dispute resolution, companies can achieve the balance needed for a successful testing program.

Consider using ScoutLogic as your background check service to ensure your workplace drug testing program is up to scratch. We offer several panel options to fit your needs, all of which are verified by Medical Review Officers (MRO) to ensure the highest accuracy. It’s a complicated and delicate procedure, so leave it in the hands of the professionals.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.