It is important to understand that, even for states without a drug testing statute, laws and case laws still impact the how, when and who of drug testing. Take California, for instance, where there is a mound of case law that has set legal precedence for workplace drug testing. In one case, the court ruled that employers must be able to demonstrate a “competing” interest or compelling need in order to justify a drug test that otherwise intrudes an individual’s privacy. Last May, the Occupational Safety and Health Administration (OSHA) revised its Recording and Reporting Occupational Injuries and Illness Regulations. The revision requires employers with more than 10 employees in covered industries to electronically report occupational injuries and illnesses.

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