Can a Job Drug Test a Minor?
It is legal for employers to test minor employees for drugs, however the circumstances must be considered before administering the test. Employment law varies from state to state and varies depending on the age and position of the minor.
Age
The age of the minor is the first factor to consider in the legality of an employer drug test. The minimum age in which a minor can be drug tested varies depending on their state.
- In Arizona, the minimum age is 13.
- In Arkansas, the minimum age is 18.
- In Rhode Island, the minimum age is 16.
It is important to be aware of the age requirements in the state in which the employer and minor are working.
Position
The position of the minor must also be taken into account before initiating a drug test. A minor that works in a field that requires drug testing for safety and security measures can be tested. For example, minors working in health care, or in chemical production or manufacturing facilities, may need to be tested.
Drug Free Workplace Policies
An employer can consent to a drug free workplace policy. This policy will require the minor to submit to a drug test if requested by their employer. The employer must make sure the minor understands the policy and signs off on it.
Drug Testing Procedure
The doctor or the drug testing facility must be informed of the minor’s age and must follow the guidelines of the state in which they are employed. If the minor is under the legal age, a parent or guardian must be present before the test is administered.
When it comes to drug testing minors, legal considerations must be taken. To avoid potential legal issues, it is important for employers to be aware of the laws in their state and to follow the laws when drug testing a minor.
In conclusion, drug testing minors is legal in some circumstances, depending on the age and position of the minor and on the laws in the state in which they are employed.