California law contains no general provision related to drug/alcohol testing, but it does have a drug-free workplace law that applies to government contractors.

Testing of Drivers of School Vehicles
Those employees who are drivers of "school transportation vehicles" (other than school bus drivers, who already are covered by the U.S. Department of Transportation's [DOT] Federal Motor Carrier Safety Administration's [FMCSA] drug and alcohol testing regulations), who are employed to drive such vehicles and who are not otherwise required to participate in a DOT testing program for controlled substances and alcohol must be subject to testing consistent with these requirements applicable to school bus drivers under Title 49 of the Code of Federal Regulations (the DOT regulations).

On-Site Testing
The California Department of Health interprets the state's laboratory licensing law to prohibit any drug test not performed in a certified laboratory or by a licensed physician. Cal. Bus. & Prof. Code §1206 Supp. 1999).

Alcohol and Drug Rehabilitation
Employers with 25 or more employees must accommodate employees who wish to participate in a substance abuse treatment program, provided the accommodation does not place an undue hardship on the employer. Employees are not entitled to time off with pay for these purposes although the employee may use accrued sick time. Employers must make a reasonable effort to safeguard employees' privacy. CAL. LAB. CODE §1025 et. seq.

In addition, the following guidelines for drug testing should be considered:

- Pre-employment testing can be conducted with little legal risk as long as applicants have advance notice of testing, the sample collections process respects individual privacy, and access to test results is limited.

- "Reasonable Suspicion" testing, based on accidents or abnormal or erratic behavior, MAY be allowable. However, the conservative legal position is to use it only in safety-sensitive positions.

- Random or periodic testing will probably violate the employee's right of privacy unless mandated by federal regulations.

Gov't Code §8350-8356 (1993)
Requires all state contractors and grantees to implement a drug free workplace policy and establish an employee drug awareness education program.

Labor Code §3600, §5705
Benefits may be denied if an employee's injury was caused by intoxication or the unlawful use of a controlled substance. Employer carries the burden of proof.

Unemp. Ins. Code §2626
An individual may be disqualified from receiving unemployment compensation benefits if discharged for being intoxicated while or work or for certain behavior related to intoxication.