In many states and localities, private employers may test employees for health and safety reasons, to increase productivity in the workplace, or to prevent illegal activities in the workplace that derive from drug-related activity. State and local laws vary in the way that they protect private employees’ privacy. Many private employers require that their employees undergo drug testing. Most state laws are similar to federal laws and generally maintain the legality of drug testing for state employees. The Supreme Court has ruled that while drug testing does infringe on an employee’s privacy, it may be necessary in order to protect the health and safety of others. Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with duties to protect property, life, health and safety, and even the President are subject to drug testing. Federal, state and private employees are all subject to drug testing.
