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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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