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Drug-Free Workplace Policy and Program Template

California Drug Testing Laws and Regulations

State: California
Statute of Order: Exec. Order D-58-86, Labor Code §1025 et seq.
Covered Employers: State agencies.
Applicant Testing: Testing authorized of applicants to state agency positions of "sensitivity" if testing is job related.
Employee Testing: Testing authorized of state employees in positions of "sensitivity." Employees who test positive may be referred for treatment or may be suspended or removed from job. Private sector and public employers of 25 or more must "reasonably accommodate" employees who want to enter drug treatment programs.
Conditions & Methods: In state agencies, advance notification of employee or applicant, documentation showing chain of custody, and confirming test in case of positive findings.
Important Bulletpoints:
  • There are laws in California that permit the use of marijuana for limited medical use only.
  • Employers with State agency awarded contracts and grants are required to certify that they provide a drug-free awareness program and that they have a published policy on controlled substances distributed to their employees. The Department of General Services is tasked with blacklisting contractors who fails to comply with these provisions. However, primary State grantees or contractors are not required to make sure that their subcontractors also have drug-free workplaces.
  • Testing for controlled substances for public transportation drivers is mandatory.
  • With reference to related California statutes, any pre-employment or continuing employment related medical testing costs or fees are at the sole expense of the employer.
  • As per the Department of Health’s enforcement of existing state laboratory licensing laws, on-site testing is prohibited. Drug testing may therefore be administered only by a licensed physician and only at certified testing laboratories.
  • Use of controlled substances may cause a person to be ineligible for workers’ compensation and unemployment benefits.
  • Employers with 25 or more employees are required to provide “reasonable accommodation” to employees who voluntarily submit to drug or alcohol rehabilitation programs provided no undue hardship is imposed on the employer.
  • Medical Marijuana Law: Cal. Health and Safety Code Sections 11362.5-83
    Applicability: Law applies to physicians, patients and caregivers
    Quantity Allowed: 8oz. or less dried; or 6 or less mature; or 12 or less immature plants
    How Obtained: Growing permitted – otherwise not specified
    Liability Protections: Physicians: protected from criminal prosecution when recommending Marijuana for medical use Patients and Caregivers: protected from arrest for possession, transportation, delivery or cultivation if patient or caregiver has a valid I.D. (NOTE: I.D. card is voluntary).
    Statutory Requirements for Authorized Use: No Registry Card required. I.D. Cards issued by State Department of Health. I.D. Cards are voluntary and must be renewed annually.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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