Random drug testing of public employees

Megan · April 2001

What are the restrictions on randomly drug testing public employees under Missouri and Federal law? Any current informational resources available?

System · April 2001

Drug testing of public employees is a very complex area of law. You really need to get a lawyer to look at your specific situation and figure out all the laws that apply.

When a public employer conducts a drug test, it's considered a government "search," which is limited by the U.S. Constitution. A public employer has an easier time justifying drug testing for jobs in which an impaired employee would endanger the public, like law enforcement officers and pilots. The U.S. Department of Transportation requires drug testing for certain jobs like truck drivers. You might have a harder time justifying a drug test for employees with more mundane jobs.

Then you have to consider state laws. I don't know if any Missouri laws restrict drug testing. And you'd have to deal with a collective bargaining agreement, if your employees have one.

If you're not ready to hire a lawyer, ask for advice from other government officials in Missouri, such as a statewide association of local governments.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Douglas Neu RI · April 2001

I would definitely check the state law on this. In Rhode Island, we have a very strict law on drug testing of current employees, and a fairly restrictive law on testing of applicants. The law on testing of applicants, however, exempts certain public employees, so it's extremely rare that public employes are tested for drugs unless required by federal law, such as the law and US Department of Transportation regulations requiring random drug testing of certain truck drivers.

I hope this is helpful and that the Employers' Forum is useful to you.

Regards,

Doug Neu
Powers, Kinder & Keeney, Inc.
Providence, RI
(401)454-2000
[email]dneu@pkklaw.com[/email]
[url]www.pkklaw.com[/url]

Gar · April 2001

We are currently in the midst of writing a random testing procedure for our employer (county government). I'm finding there are more laws/regulations (US Department of Transportation, North Carolina, etc.)involved than you can shake a stick at. Best advice, get a lawyer.

Douglas Neu RI · April 2001

You're right. The US Department of Transportation drug and alcohol testing regulations for certain truck drivers, for example, are particularly detailed and difficult to follow. The policy required by the US DOT regulations must include numerous items, and ends up being far longer than most people can imagine.

Doug Neu
Powers, Kinder & Keeney, Inc.
Editors of the Rhode Island Employment Law Letter
[email]dneu@pkklaw.com[/email]
(401)454-2000

Leslie · April 2001

Find yourself a good drug testing consulting firm. They can make your life very easy in this area. I work on a reservation - a sovereign nation. Our consulting firm tests the tribe's private entities and the government offices. Their job is to make sure all federal and state guidelines are met, and they're really good at it!

WO · April 2001

This public employer contracts with a third party administrator. They provide legal compliance, testing, training, record-keeping, chain of custody, etc. all according to the regs. The costs are reasonable. They also provide a layer between the employer and the employee, whereby the employee knows the employer is not influencing test results or targeting any specific employee.

Random drug testing of public employees

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