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Drug & Alcohol Testing on Caregivers

Does anyone know if it is legal and possible in California to ask an independent Caregiver to be random drug and alcohol tested. Also upon new position I am filling.

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Legal or not, I would never let anyone take care of my child without their volunteering to take random drug and alcohol tests. If it were my child, I would have a background of my own conducted on a caregiver. I would also use IP cameras with audio to check-in and record video and audio of the caregiver. For 42 years I worked at the highest level of national security. So, legal or not, if a person volanteers for these tests, the legality is not your concern. My suggestion would be to have the caregiver write a letter and sign it before a witness, stating that he/she volanteered on their own to take these tests without cooertion.

This was most helpful! I love your suggestion and will be taking it to the bank! Thank you!

YES YES YES

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ACCORDING TO ONLINE********* California court cases have found that employers may require employees to pass a drug test as a condition of employment. As long as an employer tests all applicants for particular job positions and doesn't single out certain applicants based on protected characteristics (such as race or disability), courts have upheld this type of testing.California has a "compassionate use" law, which allows residents to use marijuana for medical purposes.

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User in Plano, TX
Dec. 29, 2018

I believe it is a privacy issue to ask for a random drug and alcohol test. However; it is taken under advisement depending on the test and why you are requesting it.

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I feel that it should be required of all caregivers.

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User in Hialeah, FL
Dec. 29, 2018

I can do the test. I've never used drugs, I drink eventually a cup of wine

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make sure the caregiver is aware upon hiring

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It ok If you pay fore It and If they want to work fore you then they will take the test.

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sure you can state that before hiring you want to have a drug test done.

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I don't believe it is, But yes it should be a Law.

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Nancy in Fresno, CA
Aug. 4, 2019

I suppose that you can ask upon hiring. If they have a problem with it than they dont want the job or want pass. Either way you win..

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May be options that families may request.

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Put in your ad just that. Random drug and alcohol testing required. Especially with a vulnerable individual. Companies REQUIRE THIS! You'll weed them out FAST!!!

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I do not know

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No. But you might google that question and/or call your local Senior Center and ask.

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I may want to post a random test may be required in your ad for a caregiver and in a client/caregiver agreement form at the time of completing the booking. A contractual agreement may be the only legal course to take, check will legal counsel for your state.

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I don't live in California but any caregiver in any state should be able to be tested for abuse of drugs and alcohol and I am a caregiver.

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If you are hiring someone for your home, They are a private caregiver & you can ask them to do it. that is your right.( just be ridiculous with it, requiring one every day-wk-month. Maybe do it a couple times a year. Your provider should have no issue with this & if they do, Id look elsewhere.

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I do not know CA laws but as an employer you should be able to at least ask if they would take one. If they act offended or odd, pass on them.

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Beth in Peyton, CO
Feb. 2, 2019

those are great for peace of mind, but you don't know after they have been tested if they are using drugs and alcohol.

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You can but it would be great if you can compensate it or pay for the testings!

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Carole in Jamaica, NY
Jan. 27, 2019

Yes! Drug screen test is available upon request!

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Jen in Biddeford, ME
Jan. 25, 2019

That's a good question. I dont know the laws in that area

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User in Tampa, FL
Jan. 21, 2019

I would check with Dept of nursing of California you can ask the caregiver if they dont mind or feel offended

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Check California labor laws, but I would think you could make that a part of the job requirements to be hired.

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Unless you can prove that there is suspected use, I know it isn't legal in the state of Florida.

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Damaris in Anoka, MN
Nov. 28, 2018

I have no idea

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It legal any where in America to do a drug test before hired

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dunno dunno dunno dunno

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User in Orlando, FL
Nov. 8, 2018

I believe that it may not be legal in the state of California to request random drug testing, but the question at-hand is who pays for the testing and if there is no violation of California laws, mandates or privacy issues before requesting such a test, one must take the time to research the proper procedures or allowances per state and per county before initiating any invasive or personal checks that can constitute unfair violations or unlawful searches.

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no idea since I don't use either.

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I really don't know about California law- However, If the employer want to make sure the employee is not on Drug and Alcohol, for the safety of the client! I would say YES to your question.

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It should be possible or get enough references.

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yes, i don't take drug or alcohol, i can take any test

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If you consent to random testing then yes it is legal. Other than that I believe it is a violation of your Fourth Amendment rights and an invasion of your privacy. Then again the client is asking you to be your best while caring for their loved one and being under the influence of any illicit drug, or even a legal narcotic could impair your judgement and they have the right to refuse your services, So it goes both ways and California is an At Will state.

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hello it is not legal in california but still most company do required drug test. it is possible if you want independent caregiver tested and i will recommend you he or she go for test so you can be sure who you hiring, but maybe you will need to take care of the experience

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I think it is a good idea to do random drug and alcohol test on caregivers.

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You can order drug tests online that will identify multiple kinds of drugs/medications. That said whether it is legal for you to ask them to take it, I have no idea. If you need random drug tests or feel the need for random drug tests, I would believe you have the wrong person working for you, someone you don't trust. IMHO

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Alexis in Dallas, TX
Nov. 1, 2018

Hi there. From what I understand, California restricts the circumstances under which an employee or independent contractor can be drug tested. Some cities have their own restrictions. My best advice to you is to contact a local attorney that specializes in employment law. You might also contact a certified Geriatric Care Manager. They are likely to be experienced in this area and may be able to provide guidance. Warm regards!

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Wanda in Mesa, AZ
Nov. 1, 2018

yes,please

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Personally, family have the right to protect their loved one! It's definitely to be expected when being hired for any position; but apparently, in California...."random" drug testing may only be required under certain narrowly defined circumstances.... "Courts have clearly upheld testing of employees after a serious accident." However, in our state....I feel we have the right to protect our loved one... random testing should be an employer's right!

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I would say as long as you both agree, it shouldn't be a problem. Maybe you will want to sign something together

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I think if they're taking care of your loved one it is mandatory to assure they're 100% applicable to do the job. I would test them regardless or tell them to look for new employment.

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User in Portland, OR
Oct. 31, 2018

I think It is up to who it is your about to hire. With that said you have the right to ask them before you Hire them.I'm in Washington State I would do a UA if it was at the expense of who ever was about to hire me to care for there loved one. That's my personal opinion.

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Yes i think everyone should be drug tested

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User in Tucson, AZ
Oct. 31, 2018

I live In Arizona California is Mars

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User in Chicago, IL
Oct. 31, 2018

I know I`ve never used drugs, alcohol too (only a glass of red vine for major events as Thanksgiving, Christmas, New Year, Birthdays. So, I can prove I am not abusing it.

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User in Longs, SC
Oct. 31, 2018

As an independent contractor for care giving and home health for over a decade, I absolutely have no problems with this. Nor should your candidates. That being said, disclose upfront and be sure to ask them about any Prescribed medications they are on. If they list some, ask them for the name of their Physician to qualify any positive results. Be careful to keep in mind that people take scheduled drugs for many reasons and a positive result does not necessarily mean they should be overlooked.

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Danielle D.
Oct. 31, 2018

Sure is very very important for caregiver to do drug & alcohol test for the safety of the our honorable senior citizens ( parents) .

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This should be allowed you are paying for a service. I know if someone asked me I would have no problem taking either tested, but you are talking about a very liberal state so good luck.

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Toni in Akron, OH
Oct. 31, 2018

I feel if your employed by someone and they wish to have you tested for Drugs or Alcohol,You Should be willing to submit to the test. They're are Companies out there that have Random Testing and in order to keep your job you must submit a test that day they request it.

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Good for them!

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Yes definitely drug testing should be a requirement. Also an independent caregiver should have a liability insurance for accidental malpractice.

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Selena in Ontario, CA
Oct. 11, 2019

It could be one of your requirements. Id say that fine because they are taking care of your kids,your world and if it was me i would make that a requirement to work with you.

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Yes, it is legal as a term of employment

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User in Katy, TX
Oct. 1, 2019

Alcohol is not illegal so...but send out a memo that as of today all employees will have to drug test starting Nov 1.

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California law allows an Employer to request drug test as a condition of employment. Thereafter, can request under the suspicionless drug test after offer of employment is tendered.High-risk industry or reasonable suspicion.

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I would look on the web for that. Sounds reasonable provided you pay for the testing.

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I am sure randomly drop urine have go

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Caren Lehe
Sept. 2, 2019

I think if they sign a release that they are providing you the urine to test them for pre-employment you can as long as it waives you of any liability and the right to turn them away for any positive results.

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it is legal in the state of south carolina

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How much should you pay for a babysitter?