Hair Drug Tests in California

Passing of the California Drug Testing Workplace Act of 1990 made mandatory drug-free workplaces for all state and state-contracted employers and employees. Since then, drug testing in both the public and the private sector is increasingly common, whether as a pre-employment screening or as a random check on current employees. The hair drug test, which allows the participant's drug history to be known for up to three months prior, is one of the most effective methods.

Hair Drug Tests

• Hair drug tests utilize a one-and-a-half to two-inch piece of the participant's hair that has been cut off at the follicle. The hair strand is analyzed in a laboratory and screened for the seven most common types of illicit drugs: cocaine, marijuana, opiates, methamphetamines, MDMA (ecstasy), amphetamines and phencyclidine (PCP). Drug residues are deposited in the human hair within hours of ingesting the drug and remain relatively stable for the life of the hair. Body, pubic and scalp hair can all be used for hair drug testing.

Drug Testing Legality

• The drug testing movement started in 1986 when President Ronald Reagan signed into effect Executive Order 12564, which required all federal employees to refrain from using drugs both on and off duty. This law sparked a number of similar state ordinances, like the California Drug Testing Workplace Act, which brought similar requirements to state employees and contractors. Drug testing itself remains constitutionally controversial, however, since the Supreme Court ruled in 1989 that requiring employees to submit urine samples constituted a "search" under the Fourth Amendment (Treasury Employees v. Von Raab). As of 2011, several court cases involving mandatory drug tests in California workplaces are under review for their legality.

Private Employers

• In California, the right of a private employer to drug test their employees is subject to local laws and regulations. In San Francisco, for example, the right of employers to test their employees is highly limited (San Francisco Police Code, art. 33A) and must only be performed when and where due cause is shown.

  At the state level, the California Supreme Court has ruled (Loder v. City of Glendale) that the employer's right to drug test must be weighed against the employee's right to privacy.

  According to the publication "California Lawyer," however, drug testing in the workplace has increased in California, and many private employers have adopted their own set of drug-free workplace policies and procedures.

Test Accuracy

• Although the hair drug test is used to test a longer drug history than other tests such as urine or blood, it is not as accurate, particularly in relation to certain substances. According to California NORML (National Organization for the Reformation of Marijuana Laws), hair drug tests were only 52 percent accurate in testing marijuana usage in occasional smokers and only 85 percent accurate for daily smokers.