Can a contractor drug test the subcontractor they will be using?

Asked on September 1, 2015 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As long as your right to drug test is part of the agreement or contract between you prior to the subcontractor agreeing to work for you, then yes, this is legal two parties can agree or contract that one of them will be drug tested, but like all contracts, it needs to be part of the agreement up front--contracts may not be changed while in effect unless both parties agree to it. So if a subcontractor is currently working for you, you can't add that to their current contract or project but you can do so for the next one, so long as you tell that they are subject to drug testing. If they take the work while knowing of that requirement, they will have agreed to it.

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