When is random drug testing not random?

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When is random drug testing not random?

My husband works in Ohio for the city, is in the
union, and they have sent every person in his
department for random drug testing without any
notice or explanation of why. He was at a card game
a few days before he was picked for his test where
people were smoking so much pot that he felt high
and had to leave. He didnt think much of it because
he wasnt actually smoking it himself but ended up
testing positive because of it and is now facing
disciplinary actions. Not saying he wasnt in the
wrong for putting himself in that situation knowing
they were currently drug testing at his work, but if
they are sending everyone in the department, how is
that random and is it legal? Could he fight it any
way?

Asked on August 6, 2019 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Based on what you write, the drug testing was legal. Therefore, there is moat likely nothing your husband can so. In the future, if his friends pull out pot to smoke, he may need to leave immediately, before they light up.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Random does not mean it can't be everyone in a department or even in the entire company, such as at a random date (i.e. they randomly decide when to test, instead of having tests done at set intervals). It just means it is targeted at specific individuals due to either their actions or some characteristic such as tgeir race or ethnicity.


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