Massachusetts Random Drug Testing

Princess

We are a mental health residential facility. In reviewing company handbook, we currently say that direct care staff are subject to drug testing. I would like to include all staff(direct care and administrative). Drug testing would be for new and current employees. Is this legal in Massachusetts?

rad

According to my latest info, MA has no statute on drug testing. I was drug tested as a condition of hire. Check [url]www.detma.org[/url] for more info as the laws may have changed since what I have was published.

Susan Fentin MA

Random testing in Massachusetts is prohibited except for safety sensitive positions. For example, a fork lift driver could be randomly tested, but a clerical support person could not. The applicable statute is the Massachusetts Privacy Act; there is no statute governing drug testing, although there is case law on the subject. Testing of applicants is okay, because they could walk away and choose not to apply, and testing of current employees is okay if you have reasonable suspicion of use or abuse. If you're going to test applicants, be sure to test everyone or offer jobs conditional upon passing drug screen. You don't want to be accused of having a policy that has a disparate impact on some ethnic group because you only tested people you thought were "at risk." Best to have your prospective policy reviewed by your labor and employment counsel. Good luck!