Can an Employer Require Drug Testing?

Drug testing in the workplace can be a gray area for many employees. While maintaining a drug-free work environment is a legitimate concern for employers, it’s equally important for employees to know their rights and understand the legal boundaries of such policies. If you’ve been asked to undergo drug testing at work, understanding your rights under Ohio law and how “reasonable suspicion” is established can help you determine if the request was lawful or if your rights were infringed upon. Marshall Forman & Schlein LLC can help you explore your options. 

Understanding Drug Testing in the Workplace

Under Ohio law, employers have the right to implement drug-free workplace programs, which may include drug testing. These programs are designed to ensure safety, maintain productivity and prevent accidents. However, these policies must comply with federal and state laws, particularly when testing is applied. While workplaces can enforce drug-free policies, employees are protected from inappropriate or discriminatory practices.

What is Reasonable Suspicion?

Reasonable suspicion is a key concept under Ohio law that allows employers to require a drug test. It refers to a set of specific, objective facts or circumstances that suggest an employee is under the influence of drugs or alcohol. This suspicion must be based on observable evidence and not arbitrary or vague assumptions. Employers must document these observations carefully before subjecting an employee to a test. A well-structured and documented process is critical to protect the employee.

How is Reasonable Suspicion Established?

To support fair practices, Ohio law requires employers to follow strict procedures when establishing reasonable suspicion. Supervisors and managers are typically trained to recognize the signs of impairment, document their observations and follow proper protocols before initiating a drug test. Examples of evidence that may justify testing include:

1. Observable Behavior – Visible signs like impaired coordination, red eyes or unusual speech patterns.
2. Workplace Incidents – On-the-job accidents or engagement in unsafe activities that pose a risk to others.
3. Performance Issues – Consistent errors or a sudden decline in work quality.

Additionally, employees have the right to provide medical documentation or explanations for any positive test results, such as a prescription for medication or legally recommended medical marijuana. Employers must consider the entire context before taking corrective action. As such, it’s important for employees to recognize whether their rights were violated when asked to complete a drug test, or whether the request was warranted. 

Protecting Your Rights as an Employee

While Ohio law permits drug testing under reasonable suspicion, employers must adhere to strict procedures and not infringe upon employees’ rights. If you believe a test was ordered without proper justification or in violation of your rights, you may have legal recourse.

Why Contact Marshall Forman & Schlein LLC?

Navigating the legalities of drug testing in the workplace can be complex, especially when you suspect that your rights have not been respected. At Marshall Forman & Schlein LLC, we are committed to defending your workplace rights. Our experienced team can help you determine whether an employer’s actions were justified and provide the legal support you need.

If you have concerns about drug testing or other workplace issues, contact us today for a free consultation. We’ll guide you through the process and help you stand up for your rights with confidence.