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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19686
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work for a company based in missouri that employs over 100,000

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I work for a company based in missouri that employs over 100,000 people. They have a drug-free workplace policy, but it does not include random drug testing. The company has bought a cruise boat. the coast guard requires random tests for the boat staff. I just happen to be someone who could be included in the testing. i don't believe in random testing in the private sector. Without signed consent, do i have to participate? what if i refuse? can they fire me legally? The rest of the employs in the company do not have to do random testing.

Thank you for the information and your question. Although I can certainly understand your concern, if you work on a vessel that falls under the Coast Guard rules, then it is controlled by Federal law and there is no choice. You either submit to the CG required testing or your employer can terminate you or, if they choose, reassign you to another job that doesn't require you being on the boat. However, just to be clear, Missouri is an employment 'at will' state, so your employer does not have to retain you and can, make this a condition of employment.

The fact that the other employees don't have to be tested is not relevant unless they too are assigned to this vessel that falls under CG jurisdiction. Again, this isn't something your employer controls, it is Federal law.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 3 years ago.

Thank you for your quick answer. I'm actually a manager who will be in charge of scheduling the staff on the boat. I manage other areas of the company also, and won't be working hardly at all on the boat. I need this answer in case the staff questions this procedure. But i still hope that i won't be included.

You're welcome. Any employee that is considered part of the crew, including managers would be subject to the random drug tests. But if your employer doesn't categorize you as part of the crew, they might not test you. However, if the CG does an audit and finds employees working on the ship that have not been drug tested, the employer will be fined at the very least.
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