Marijuana is a big issue in California, learn more about workplace Marijuana Drug Testing in California.
There is not a specific law in California regulating workplace drug testing but in California the right to privacy is a big issue. It is recommended for Non-DOT companies to not perform random testing except for sensitive employees.
Employers in San Francisco should act with caution with regard to drug testing. Some exceptions where drug testing would not cause an issue would be:
- Reasonable suspicion situations where there is a clear and present danger to physical safety to the employee or others; the employer would also want to allow the employee to retest and also a reasonable opportunity to rebut or explain the results.
Driver Testing
The California Highway Patrol (CHP) is authorized by statute to conduct inspections of a motor carrier’s Controlled Substances and Alcohol Testing (CSAT) program and issue a safety compliance rating indicating the carrier’s CSAT compliance. The inspections are to insure that motor carriers comply with the controlled substances and alcohol testing requirements of the Federal Motor Carrier Safety Administration (FMCSA) or the Federal Transit Administration (FTA).
Limousines, airport shuttles, charter bus companies, passenger stage and charter-party applicants who propose to employ drivers who will operate vehicles having a seating capacity of 15 persons or less, including the driver, must comply with the Public Utilities Commission’s controlled substance and alcohol testing certification program. Those with 16 or more passengers including the driver will comply with the FMCSA controlled substances and alcohol testing requirements as mentioned above. Learn more about the PUC required controlled substance and alcohol testing certification program – Drug Testing Program Required by California PUC.
