Is it legal for a company to make you take a drug test after reporting an injury that occurred in the workplace?

UPDATED: Sep 29, 2022

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Is it legal for a company to make you take a drug test after reporting an injury that occurred in the workplace?

I was not doing anything negligent or against company rules. I was told that I would be terminated if I refused to take it. The injury was reported the day after it actually happened.

Asked on August 27, 2015 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, if there was an injury or incident in which you may have been involved or which occured to you, your employer may require you to undergo a drug test to see if drugs were involved. If you refuse to undergo the drug test, then your employer may terminate you, just as they could terminate you for taking the test and coming up positive for drugs. They have no other way to force you to take the test other than the threat of termination, so if you believe that the results would be positive for drugs, you may wish to consider either refusing and being fired or else resigning, since in that case, all you will lose is your job--but if you take the test and are positive for drugs, not only could you lose your job, but the results could be reported to the authorities.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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