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Don't Spill This Cup!: Post-Accident and Reasonable Suspicion Drug Testing

This article addresses an employer’s ability to conduct two forms of drug testing: (1) post-accident testing; and (2) reasonable suspicion testing. We address these two forms of testing, because while employers are generally permitted to conduct pre-employment drug screens for illegal drugs, an employer’s uncertainty generally arises when a current employee has been involved in an accident or exhibits behavior that indicates impairment.