What to do if I believe that my employer is conducting illigel random drug tests?

UPDATED: Oct 1, 2022

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What to do if I believe that my employer is conducting illigel random drug tests?

I am responsible for driving a company vehicle, not DOT regulated, and upon any vehicle accident regardless of fault, my company forces a mouth swab saliva drug screen and a failed test results in termination. The same rules apply for any injury sustained on the job. My research shows this is illegal in CT and I would like advice on how to handle the situation.

Asked on March 28, 2019 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Human Resources appears to be at least partially correct. CT allows drug testing if there are circumstances that give rise to a "reasonable suspicion" that an employee is under the influence. Employers have discretion to define the circumstances giving rise to such a suspicion so long as they are reasonable in doing so. It is reasonable to suspect that a car accident or on-the-job injury may be due to impairment or intoxication, and so the company may legally test employees who are involved in such. While an argument can be made that not all accidents or injuries, only ones in which there are other circumstances suggesting impairment, would give rise to a reasonable suspicion and so allow a drug test, a policy that any acciden or injury results in a test becaus it may be due to impairment does not appear to be necessarily unreasonable.
That said, it also appears that under the laws of your state, that a urinalysis test, not saliva swab, is the proper test to do under these circumstances. Thus, they may be using an improper test.
You may wish to contact your state department of labor to discuss this situation: if the dept. feels the triggering circumstances are too broad or the test inappropriate, they can take action.

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