Should I expect any type of test days after my work related collision?

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Should I expect any type of test days after my work related collision?

I was involved in a work related collision but was completely sober; CHP did a sobriety test and everything. I told my employer that I was willing to submit to any test that day but they said it wasn’t necessary. Now the other party who was involved is showing up at my work sight and HR is demanding that I get tested; it’s been 3 days since the accident by the way.

Asked on July 30, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) There is no legal obligation on your employer to test you--they don't have to test you. However:
2) After an incident like this, the employer would be legally justified in requiring you to submit to a test if they choose, since the collision provides reasonable grounds to confirm there is no substane problem; and
3) An employer is allowed to change its mind about this--just because they previously said you did not need to be tested does not mean they cannot require a test now.
So it's not "foul"--it is legal.


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