Hi headsetsdotcom,
I'll answer your legality question first (because I think that it will
unfortuately negate your testing kit question - but I'll try to answer
it anyway)
The Substance Abuse Information Database gathers all the state-related
drug abuse/testing/legal information into a convenient location. The
following is from the U.S. Dept. of Labor:
CALIFORNIA STATE LAW - DRUG TESTING
On-Site Testing
The California Department of Health interprets the state's laboratory
licensing law to prohibit any drug test not performed in a certified
laboratory or by a licensed physician. Cal. Bus. & Prof. Code §1206
(Supp. 1999).
Alcohol and Drug Rehabilitation
Employers with 25 or more employees must accommodate employees who
wish to participate in a substance abuse treatment program, provided
the accommodation does not place an undue hardship on the employer.
Employees are not entitled to time off with pay for these purposes
although the employee may use accrued sick time. Employers must make a
reasonable effort to safeguard employees' privacy. CAL. LAB. CODE
§1025 et. seq.
Drug Testing - SAN FRANCISCO, CA
A San Francisco ordinance prohibits drug testing under most
circumstances including random, periodic, and post-accident tests.
Pre-employment, reasonable suspicion, and rehabilitation testing are
permitted when specific conditions are met. San Francisco Cal., Code
Part ll, ch.Vlll, art. 3300A..111 (1993).
[ http://www.notes.dol.gov/said.nsf/2744923ab65da6a785256428005dba6d/7596E77A693003918525641F0061E6AC?OpenDocument&ExpandSection=2#ABS
]
There are some exceptions to California's anti-drug testing policies.
For example, if you are a government contractor doing more than
$25,000 in business:
Drug-Free Workplace Act
The California Drug-Free Workplace Act of 1990 requires all state
contractors and grantees to implement a drug-free workplace policy and
establish an employee drug awareness education program. CA Gov't Code
Ann. 8350-8356 (1993).
[ http://www.notes.dol.gov/said.nsf/2744923ab65da6a785256428005dba6d/D2560E18E66361578525641F0061E7B3?OpenDocument&ExpandSection=2#ABS
]
Finally, according to California Employers' Legal Resource:
"Drug-free workplace legislation exists at both the federal and state
levels. The federal Drug-Free Workplace Act of 1988 requires federal
contractors receiving awards of $25,000 or more to maintain a
drug-free workplace. California's Drug Free Workplace Act of 1990
imposes similar requirements on employers who are grantees of, or
contractors with, the state."
[ http://www.employerlaw.com/faq0403.html ]
In addition this same site sets down the following guidelines for drug
testing"
- Pre-employment testing can be conducted with little legal risk as
long as applicants have advance notice of testing, the sample
collections process respects individual privacy, and access to test
results is limited.
- "Reasonable Suspicion" testing, based on accidents or abnormal or
erratic behavior, MAY be allowable. However, the conservative legal
position is to use it only in safety-sensitive positions.
- Random or periodic testing will probably violate the employee's
right of privacy unless mandated by federal regulations.
Testing Kits:
TestKits Express [ http://www.testkitsexpress.com/merchant/index.html
]
Sur-Scan [ http://www.sur-scan.com/5panel.htm ]
Other Resources:
OHS Health & Safety Services, Inc., d.b.a., "Occupational Health
Services"
U.S. State and Territory Drug-Testing Laws
[ http://www.ohsinc.com/laws_state_drug_testing_laws_SAID.htm ]
[ http://www.notes.dol.gov/said.nsf/State+Laws?OpenView#CALIFORNIA ]
Hope I didn't overwhelm you with links, but these are good resources.
Good Luck
mit |
Clarification of Answer by
mit-ga
on
10 May 2002 13:08 PDT
Sorry to copy and paste, but in case you missed this in the longer
version, this ordinance allows a San Francisco employer to test under
certain circumstances:
Drug Testing - SAN FRANCISCO, CA
A San Francisco ordinance prohibits drug testing under most
circumstances including random, periodic, and post-accident tests.
Pre-employment, reasonable suspicion, and rehabilitation testing are
permitted when specific conditions are met. San Francisco Cal., Code
Part ll, ch.Vlll, art. 3300A..111 (1993).
[ http://www.notes.dol.gov/said.nsf/2744923ab65da6a785256428005dba6d/7596E77A693003918525641F0061E6AC?OpenDocument&ExpandSection=2#ABS
]
Also, the ACLU has a FAQ related to drug testing. They mostly object
to random and "without prior knowledge" testing, so I would imagine
that if you have the employee's consent (and it has affected the
employee's work), then those are reasonable grounds to test.
[ http://www.aclu.org/library/pbr5.html ]
As an aside, with fewer than 25 employees, you are not legally
obligated to "reasonably accommodate" your employee for a treatment
program:
[ http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=05963317956+0+0+0&WAISaction=retrieve
]
If you are looking for treatment programs, the bottom of this page has
several names, addresses, and phone numbers:
[ http://www.amlegal.com/sanfranpolice/lpext.dll/Infobase/18a6/18b3?f=templates&fn=document-frame.htm&2.0
]
mit
|
