Workplace drug and alcohol testing is a complex and sensitive issue with many legal and practical ramifications. Employers have significant health, safety and productivity interests in knowing whether their employees have been using drugs or alcohol, but employees also have potential rights under state and/or federal law. Without legal knowledge and careful attention to testing policies and procedures, businesses risk legal action from regulatory agencies and disgruntled employees.
Employers must be ready to address a number of legal issues when considering and carrying out workplace drug and alcohol testing, including state drug testing laws, common law considerations such as the right to privacy, negligence, and federal regulations that mandate testing and govern testing procedures in certain industries (e.g., motor carriers, pipeline, airline, etc.).
At Wessels Sherman Joerg Liszka Laverty Seneczko P.C., we have experienced attorneys who are familiar with all of these laws and can help you develop the policies and procedures necessary to ensure compliance and, if necessary, defend you against any claims that arise under your drug and alcohol testing policy.
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