After a job offer is made but before the person starts working, California law allows an employer to impose a “suspicionless” drug test as a condition of employment.
Reasonable Suspicion Testing
Although these facts and conclusions may fall short of establishing probable cause, the courts have typically supported demanding alcohol or drug tests based on specific factual facts and rational inferences taken from those circumstances that suggest drug or alcohol addiction. Employee testing following a serious accident has been upheld by the courts.
Public Employers & Drug Testing
In a 1997 case, the California Supreme Court refused to authorize drug testing of present employees applying for promotions with the City of Glendale, but did allow drug testing of applicants.
Private Employers & Drug Testing
However, in the case referenced above, the court also weighed drug testing and the state Constitution’s right to privacy in reaching its ruling, which would apply to private companies.
Local Drug Testing Ordinances
San Francisco passed a local rule requiring employers to test their employees for drugs. Before conducting employee drug testing in San Francisco, you should seek legal advice.
Transportation Industry Alcohol and Drug Testing
Employers and operators in the commercial transportation industry are subject to stringent alcohol and drug testing procedures under both state and federal laws. Employers and individual operators alike may face severe penalties if they fail to comply with these regulations.
Disability Discrimination and Drug Abuse
Individuals who use drugs or misuse alcohol are not protected under the federal Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA). These rules, on the other hand, protect former alcohol or illegal drug abusers who have successfully recovered themselves, either through a supervised rehabilitation program or on their own, and who no longer use or abuse illicit substances or alcohol.
Drug or Alcohol Rehabilitation
If you have 25 or more employees, you must make reasonable accommodations for any employee who volunteers to enter an alcohol or drug rehabilitation program, as long as the reasonable accommodation does not put your firm at risk.
Drug-free Workplace Policies
You can adopt a drug-free workplace policy and/or include a drug-free workplace clause in your employee handbook whether or not your employees are subject to state or federal drug-free workplace legislation. Adults 21 and older can now consume marijuana recreationally according to Proposition 64, the Adult Use of Marijuana Act. Medical marijuana is also legal in California with a prescription.
Despite the legalization of recreational and medical marijuana, California employers retain the ability to enforce a drug-free workplace policy, which includes barring marijuana use. There are a set of rules that can help you keep a drug-free workplace policy fair, transparent, and consistent if you include one.
California Drug-free Workplace Act
California’s Drug-free Workplace Act of 1990 requires you to declare that you provide a drug-free workplace if you contract with or receive funding from the state.
Federal Drug-free Workplace Act
You must observe the provisions of the Drug-Free Workplace Act of 1988 if you enter into a federal contract for the acquisition of property or services valued at $100,000 or more, or if you receive any government award.
Wrongful Termination and Drug Testing
Employees who have been fired for refusing to submit to drug testing can file lawsuits based on at least three wrongful termination theories developed by California courts.
Related Resources
Subscribers to HRCalifornia have access to a variety of tools and services that assist human resource managers in dealing with drug and alcohol-related concerns, including:
When developing a More Chance Agreement, follow this checklist to give employees who were once productive and useful but have recently developed substance abuse-related performance issuesand have failed to remedy them when identifiedone last chance to improve their performance before being fired.
Do insurance companies drug test employees?
- For health and life insurance plans, insurers have the ability to require drug tests. Requests are still uncommon.
- An insurer may refuse coverage or demand higher premiums if there are signs of drug misuse.
- Pilots and heavy equipment operators, for example, are among the vocations where the health and safety of others is a top priority.
- Consumers must be mindful of local testing rules as recreational marijuana becomes legal in more states.
Does Farmers Insurance pay well?
While incomes as high as $105,684 and as low as $19,171 have been reported on ZipRecruiter, the majority of Farmers Insurance Agent salaries in California presently vary from $24,577 (25th percentile) to $78,156 (75th percentile), with top earners (90th percentile) making $98,310 yearly.
Will I get drug tested on my first day of work?
You got through the nerves and challenging questions, and you aced the interview. However, once you’ve accepted a job offer, the real work begins. Here are some crucial things to know about entering the workforce before you settle into the steady routine of a working man or woman.
First and foremost, congratulations. Because graduating from college does not ensure employment, the fact that you are about to begin a new job indicates that you have put in the effort and are ready to make the most of your career. Before you start your career, there are a few things to think about that will make your move into the professional world go more smoothly.
- Make sure all of your paperwork is in order. Your new employer will need copies of your identity and have you fill out several documents on your first day, if not before. Bring a copy of your birth certificate, as well as your social security card and driver’s license. If an accident or illness occurs while you are at work, have the names and phone numbers of your emergency contacts on hand, as well as the name and phone number of your physician. If you plan to sign up for direct deposit, you may also want to bring a canceled check.
- Don’t be concerned about the drug test. Many employers conduct drug tests on all new hires as a matter of course. Before your first day, the test is usually done at an outside lab. It’s usually a urine test, and there’s no need to prepare ahead of time.
- Make a test run of your route. Test your commute to and from work before your first day. See how long it takes you to drive from home to work, preferably at the time you’ll be commuting typically. Then, just in case you’re late, add 10 minutes to your schedule.
- Inquire about parking and commuter benefits. Your job may have designated parking, garage passes, or even benefits for individuals who use public transportation, depending on where you live and where you work. Before your first day, inquire.
- Dress for the occasion. Depending on your profession and the culture of your new job, dress requirements and appearance expectations differ greatly. This is something else you should inquire about prior to your first day, should you show up in a suit while everyone else is dressed in jeans.
- Make a list of your questions. You’ll undoubtedly have questions regarding the role and the firm as your first day on the job approaches. Make a list of them and bring them with you. You’ll almost certainly get the chance to ask those questions, and writing them down in a tablet, planner, or notepad can help you remember them.
- Ease into the social culture of the job. Whether it’s happy hour with the team or sipping coffee in the break room, every organization has a social aspect. You’ll find your place in the company’s culture, but keep in mind that business comes first and fun comes second.
- Understand your legal rights. There’s always a danger that you’ll get harmed on the job, no matter where you work. Workers’ compensation laws will protect you if something happens. Workers’ compensation insurance provided by your company will assist cover the expense of your medical visits and prescriptions, as well as pay a percentage of your salary. You can also hire an attorney if your workers’ compensation claim is refused or if the firm only agrees to pay a portion of what you’re entitled to.
Starting a new job may be both exhilarating and frightening. Being prepared will give you the courage to show up on your first day!
Can employers randomly drug test?
In California, the right to privacy virtually uniformly prevents random drug testing. Before administering a drug test, most employers must notify all current and prospective employees. The only exceptions are jobs in the public sector with a high level of responsibility and jobs involving public safety. Because public health and safety are at stake, a construction company performing random drug testing, for example, is unlikely to infringe the right to privacy.
What kind of drug test do insurance companies use?
As part of the underwriting process for traditional life insurance policies, a medical exam is required, which includes the collection of a blood and urine sample. A urine test can identify the presence of drugs, nicotine, and other health problems. The insurance company pays for the exam as part of the underwriting procedure.
People with certain pre-existing health conditions may be disqualified for regular life insurance; in this instance, no medical exam life insurance should be considered. A medical checkup is not required for this sort of insurance.
What happens if I fail a drug test for life insurance?
This is why, even if it makes you uncomfortable, it’s critical to answer all inquiries from the insurer and testing business honestly. Otherwise, you risk being turned down for coverage. If you take antidepressants or other prescriptions, for example, it’s best to tell your insurance as soon as possible because it will find out. Insurers also have a two-year window from the moment you obtain coverage to terminate your insurance if they discover you provided inaccurate or misleading information.
Drugs and nicotine
If a blood or urine test reveals that you use illegal drugs like amphetamines or opiates, you will be denied life insurance coverage. The single exception to this rule is marijuana, which is assessed differently by each insurer. If you use marijuana on a regular basis, you should speak with an independent insurance advisor about which firms to apply with. MetLife, for example, offers preferential prices even if you smoke several times a week, whereas
Do financial services companies drug test?
Although not all large banks and financial firms drug test prospective workers after they accept an offer, the majority of them do. As a result, anxious candidates who may still have a substance or two in their system frequently turn to the Internet to see if a trip to the lab is on the cards. “Doesdrugtest” is one of the most prevalent Web searches related to financial services organizations, according to Google auto-fill results. But which of the large banks frightens you the most?
That would be Wells Fargo, according to a new analysis from risk mitigation firm JDP, which looked at Google search trends across all industries. Bank of America and J.P. Morgan’s retail subsidiary, Chase, are the other two banks to make the top 60 most searched U.S. companies list. The good news for the business is that the three banks were in the bottom five overall, behind tech companies such as Amazon, Tesla, and Apple, and much behind retail organizations.
What is Farmers Protege Program?
Protégé Program at Farmers Insurance Agency. Description of Protégé responsibilities: This program is designed to provide an ambitious entrepreneur with the opportunity to gain complete control of their own insurance firm while working with a local Farmers Insurance mentor agent.