San Francisco Law on Employment Drug Testing

Source: San Francisco Police Code

ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR,

ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED,

DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT

SEC. 3300A.1. POLICY.

It is the public policy of the City and County of San Francisco that all citizens enjoy the full benefit of the right to privacy in the workplace guaranteed to them by Article 1, Section 1 of the California Constitution. It is the purpose of this Article to protect employees against unreasonable inquiry and investigation into off-the-job conduct, associations, and activities not directly related to the actual performance of job responsibilities. (Added by Ord. 527-85, App. 12/2/85)

SEC. 3300A.5. EMPLOYER PROHIBITED FROM TESTING EMPLOYEES.

No employer may demand, require, or request employees to submit to, to take or to undergo any blood, urine, or encephalography test in the body as a condition of continued employment. Nothing herein shall prohibit an employer from requiring a specific employee to submit to blood or urine testing if:

(a) The employer has reasonable grounds to believe that an employee's faculties are impaired on the job; and

(b) The employee is in a position where such impairment presents a clear and present danger to the physical safety of the employee, another employee or to a member of the public; and

(c) The employer provides the employee, at the employer's expense, the opportunity to have the sample tested or evaluated by State licensed independent laboratory/testing facility and provides the employee with a reasonable opportunity to rebut or explain the results.

In conducting those tests designed to identify the presence of chemical substances in the body, and not prohibited by this Section, the employer shall ensure to the extent feasible that the test only measures and that its records only show or make use of information regarding chemical substances in the body which are likely to affect the ability of the employee to perform safely his or
her duties while on the job.

Under no circumstances may employers request, require or conduct random or companywide blood, urine or encephalographic testing.

In any action brought under this Article alleging that the employer had violated this Section, the employer shall have the burden of providing that the requirements of Subsections (a), (b) and (c) as stated above have been satisfied. (Added by Ord. 527-85, App. 12/2/85)

SEC. 3300A.6. MEDICAL SCREENING FOR EXPOSURE TO TOXIC SUBSTANCES.

Nothing in this Article shall prevent any employer from conducting medical screening, with the express written consent of the employees, to monitor exposure to toxic or other unhealthy substances in the workplace or in the performance of their job responsibilities. Any such screenings or tests must be limited to the specified substances expressly identified in the employee consent form. (Added by Ord. 527-85, App. 12/2/85)

SEC. 3300A.7. PROHIBITING USE OF INTOXICATING SUBSTANCES DURING WORKING HOURS; DISCIPLINE FOR BEING UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES DURING WORKING HOURS.

Nothing in this Article shall restrict an employer's ability to prohibit the use of intoxicating substances during work hours, or restrict an employer's ability to discipline employees for
being under the influence of intoxicating substances during work hours. (Added by Ord. 527-
85, App. 12/2/85)

SEC. 3300A.8. ENFORCEMENT.

(a) Any aggrieved person may enforce the provisions of this Article by means of a civil action. Any person who violates any of the provisions of this Article or who aids in the violation of this Article shall be liable to the person aggrieved for special and general damages, together with attorney's fees and the costs of action.

(b) Injunction.

(1) Any person who commits, or proposes to commit, an act in violation of this Article may be enjoined therefrom by any court of competent jurisdiction.

1135 Prohibition of Employer Interference with Employee Sec. 3300A.11.

Relationships and Activities and Regulations of Employer

Drug Testing of Employees

(2) An action for injunctive relief under this subsection may be brought by any aggrieved
person, by the District Attorney, or by the City Attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class. (Added by Ord. 527-85, App. 12/2/85)