Massachusetts has limited drug testing laws.
Massachusetts is a state with clearly defined perimeters when it comes to employers drug testing its workers. Although some states provide discounted worker's compensation premiums for employers who drug test employees, the state of Massachusetts does not offer those discounts. In addition, the state has strict rules about when an employer is legally allowed to require that a worker submit to a drug test.
Never Before the Offer
Massachusetts law does not allow employers to make drug testing mandatory as part of the interview process for employment. If a candidate, for any given job at the company, is made an offer of employment, at that time, and at that time only, the employer has the right to make the offer contingent upon successfully passing a drug test.
While the law does not permit pre-offer testing, it does allow the offer to be withdrawn if the new-hire fails the test.
Testing Employees
In Massachusetts, the only time an employee can be asked to submit to a random drug screen is if the employer believes there is a safety issue because of drugs or the employer believes that possible drug use by a worker will harm the business interest.
One example of the safety sensitive issue that is required before a random employee drug test can be requested is if the business is manufacturing and employees work with machinery. Being under the influence of drugs while operating machinery could harm workers, therefore the company is within its rights to request random drug testing of anyone who operates the machines.
Another example would be at a company in which employees are required to drive vehicles on the job.
After the Accident
If an employee has an accident on the job or becomes injured on the job, the state of Massachusetts allows mandatory drug testing. One example of this would be an sales associate whose job duties included the signing of contracts with customers. If that associate had an accident on the job, and it was discovered he was under the influence of drugs at the time of the accident, it could also be alleged that he was not capable of accurately representing the contract terms to his customers while under the influence. This would harm the company's business interest, therefore, a drug test request would be legally allowable.
Tags: drug test, drug testing, under influence, business interest, does allow, employer believes