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Have You Recently Refused a Drug Test After a Work Injury in California?
Goldberg & Loren is here to help you understand your rights and navigate the legal process. Our legal team is well-versed in California labor laws and can provide you with the guidance and support you need.
If you’re feeling overwhelmed or unsure about what to do next, we can offer you the knowledge and expertise to protect your rights and ensure that you are treated fairly.
California Regulations on Drug Tests After Work Injury
Under California law, drug testing after a work injury is generally not allowed unless there is reasonable suspicion of drug or alcohol use that may have caused the accident. This means that employers cannot randomly drug test employees following a workplace injury without objective evidence to support their suspicion.
The California Department of Industrial Relations recognizes that drug testing may infringe on an individual’s rights to privacy and the right to be free from unlawful discrimination.
The California Supreme Court has held that employers may only require drug testing when there is a genuine safety concern, such as workplace accidents that result in serious injury or significant property damage.
Employers must have a reasonable suspicion that drugs or alcohol contributed to the accident before subjecting the employee to testing. 
Employee Right to Refuse Drug Testing After an Injury
Drug-free Workplaces and Drug Tests in California
Many private employers in California have drug-free workplace policies in place. These policies typically include provisions for random drug testing or testing after workplace accidents. If an employee refuses to take a drug test when required, they may be subject to disciplinary actions, including the possibility of being fired.
If an employee refuses to take the drug test, it can lead to complications in receiving necessary compensation for medical treatment and lost wages.
Certain safety-sensitive positions, such as those regulated by the Department of Transportation (DOT), have specific requirements for drug testing. Refusing a drug test in these positions, where safety concerns are paramount, can result in the revocation of employment or even the suspension of a professional license.
Drug testing is a legitimate means for employers to assess an employee’s fitness for duty and their ability to perform essential job functions without impairment. By refusing a drug test, an employee may raise doubts about their job performance and their ability to meet the safety requirements of their position.
California Work Injury Lawyer
Have you recently refused a drug test after a work injury in California?
Goldberg & Loren is here to help you understand your rights and navigate through this challenging situation. With our extensive experience in workers’ compensation law, we can provide you with the guidance and support you need.
Contact Goldberg & Loren today to schedule a free consultation and take the first step towards finding a solution to your legal needs.
 Misconduct MC 270. (n.d.). https://edd.ca.gov/en/uibdg/Misconduct_MC_270/
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