Is it legal for a company to ask an injured employee to take a breathalyzer after an auto accidenteven if the police do not require it?

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Is it legal for a company to ask an injured employee to take a breathalyzer after an auto accidenteven if the police do not require it?

My father works as an insurance appraiser. His work requires him to drive and yesterday he was in an extreme auto accident after which he was taken to the hospital. His boss got upset that he didn’t get a breathalyzer or urine check for drugs and alcohol before leaving the scene. Is it legal for them to ask for such things?

Asked on January 26, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it would e legal. An employer may ask employees to submit to drug tests on the following bases:

1) All employees, at the same time--so on hiring, annually, etc.

2) On a random basis.

3) When there is cause--and being involved in an auto accident could be considered good cause, since it could have been the result of intoxication.


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