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If the employer has an established drug and alcohol testing policy, then if they have reasonable suspicion that the employee is drinking or on drugs while at work, the employer may order the employee to submit to a test. If the employee does not comply, the employee may be fired for refusing to take the test. If the employer does not have a testing policy, then they can ask for the employee to take a test to prove they are not drinking, but the employee can refuse and it would not violate any employer policy, HOWEVER AND READ THIS WELL, if the employee refuses, the employer can terminate the employee still for them suspecting alcohol use at work and that would still be a legal termination I am afraid (so it is a double edge sword for the employee).