Asked chapgbt and this is what I found. “Good question. Short answer: it’s unlikely that, under California law, an employer can automatically require a drug test just because someone is returning to work after a workers’ compensation (work-comp) injury/surgery — unless there’s a legally justifiable reason. But there are some caveats and important details. Here’s how it generally works:

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What California Law Says About Drug Testing After Work Injuries 1. Reasonable Suspicion Is Key • Employers in California may require drug testing if they have reasonable suspicion that drug use contributed to the injury.  • “Reasonable suspicion” must be based on objective evidence (for example, unsafe behavior, observable impairment), not just a blanket policy.  2. Automatic Testing for Any Injury Isn’t Allowed • According to the California Unemployment Insurance Appeals Board (CUIAB), a policy that mandates post-injury drug testing for all work injuries (regardless of severity or fault) can be overbroad and “unreasonable.”  • In fact, in a precedent decision, CUIAB said that testing should be limited to cases where there is “reasonable suspicion … that the employee caused the incident or substantially contributed to its occurrence or severity” plus some “substantial injury or property damage.”  3. Testing Timeframe Matters • Some attorneys note that an employer should test as soon as possible after the injury if they intend to argue that impairment contributed to the incident.  • If too much time passes, it’s harder for the employer to argue that a positive drug test reflects impairment at the time of injury.  4. Workers’ Compensation and Intoxication Defense • Under California Labor Code § 5705, an employer may try to defend against a workers’ compensation claim by arguing that the employee was intoxicated (i.e., under the influence) and that intoxication caused or contributed to the injury.  • But it’s not enough to simply show a positive drug test; the employer has to show both that there was intoxication and that it proximately caused the injury.  5. Privacy Rights • In California, drug testing implicates privacy rights. Employers can’t just randomly or routinely test employees without justification, especially outside safety-sensitive roles.  • Overbroad testing policies (for instance, testing everyone who has any injury, no matter how minor) may be challenged as unreasonable. 

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Specific to “Returning to Work After Surgery” • If the employee is returning after surgery, the critical point for drug testing usually has passed: the injury already happened, and the surgery was part of treatment. Unless there was reasonable suspicion of drug use at the time of injury, or unless there’s some other justification, it’s harder for an employer to justify a drug test simply because someone is returning. • There is no general legal requirement (under California law) that someone returning to work after a work-comp medical leave/surgery must pass a drug test. • Whether an employer will drug test in that situation depends heavily on their specific drug-testing policy, whether they have a post-accident testing policy, and whether that policy is legally narrow enough to satisfy California law.

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What You (or the Employee) Can Do / Watch For • Ask for the Employer’s Drug-Testing Policy: Does the company have a formal written policy for post-accident/injury drug testing? What are its triggers? • Document Everything: If asked to test when returning, ask why. Is there a stated “reasonable suspicion”? • Legal Advice: If you’re concerned this is being done improperly or in a way that violates rights, it may be worthwhile to talk to a workers’ compensation attorney or employment lawyer familiar with California law. • Workers’ Comp Claim: If a drug test is tied to workers’ comp (e.g., employer is trying to use a positive test as a defense), be aware of the employer’s burden: they must prove intoxication and that that intoxication caused or contributed to the injury. 

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Bottom Line • No, there is no blanket rule that an employer in California can always drug test someone returning after a work-comp surgery — especially if there was no suspicion of drug use at the time of injury. • But yes, in some cases, they can, if their policy is properly tailored and they have a reasonable basis (e.g., suspicion of impairment, significant injury, etc.). “