Does the state of California have a Drug-Free Workplace requirement?

Yes. California’s Drug-Free Workplace Act of 1990 requires every employer who is awarded a contract or a grant for the procurement of any property or services from any state agency to certify to the contracting or granting agency that it will provide a drug-free workplace by publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying the actions that will be taken against employees for violations of the prohibition.

Employers contracting with the state are also required to establish a drug-free awareness program to inform employees about all of the following:

• The dangers of drug abuse in the workplace.
• The person’s or organization’s policy of maintaining a drug-free workplace.
• Any available drug counseling, rehabilitation and employee assistance programs.
• The penalties that may be imposed upon employees for drug abuse violations.
• Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) of the act and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

In addition, the San Francisco Drug Free Workplace Ordinance requires San Francisco employers to adopt a Drug Free Workplace Policy. Employers covered by this Ordinance include any individual, firm, corporation, partnership or other organization located within the City and County of San Francisco, with the exception of government employers whose workplace policies may not be regulated by San Francisco. At a minimum, the policy must include the distribution or prominent display of educational information regarding the adverse effects of using illegal drugs and the availability of substance abuse assistance programs.

Source: California Government Code 8350-8351 and 8355-8357