California Pre‑Employment Drug Testing Laws in 2019: What Employers Must Know

Key Differences in California Compared to Other States

California law in 2019 prohibited most pre‑employment drug tests unless a specific exception applied, such as safety‑sensitive positions, a bona fide occupational qualification, or a written agreement signed after a conditional offer. Unlike many states that allow blanket testing, California requires a clear, job‑related justification and limits the substances that can be screened.

Statutory Framework

The primary sources are California Labor Code § 232, the Fair Employment and Housing Act (FEHA), and the California Code of Regulations § 10277. These statutes collectively forbid random or blanket testing and define the narrow categories where testing is lawful.

Permissible Pre‑Employment Tests

Employers may test in these situations:

• Safety‑sensitive roles (e.g., transportation, heavy machinery operators)
• When a written, post‑offer agreement is signed that specifies the test and its purpose
• When a bona‑fide occupational qualification exists, documented in writing

Even then, testing must be limited to substances that could impair job performance, typically marijuana, cocaine, opiates, amphetamines, and PCP.

Employee Rights and Obligations

Employees have the right to:

• Know the exact substance being tested for
• Receive a copy of any written agreement authorizing the test
• Refuse a test that falls outside the statutory exceptions without retaliation

If a test is administered, results must be kept confidential and used solely for the stated employment purpose.

Compliance Checklist for Employers

Follow these steps to stay within the law:

Comparison Table