Food Service Industry

Drug Testing Laws and Regulations in Food Service

Food service employers must follow federal and state regulations when implementing drug and alcohol testing policies, including pre-employment, random, reasonable suspicion, and post-accident testing. Key federal laws affecting drug testing in restaurants include:

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  OSHA (Occupational Safety and Health Administration) – Allows drug testing in food service but warns against using post-accident tests as punishment. Employers should test only when substance use is likely to have contributed to an incident.
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  ADA (Americans with Disabilities Act) – Protects applicants and employees from discrimination, ensuring those with disabilities or a history of substance abuse treatment aren't unfairly denied employment. Applies to food service businesses with 15+ employees.
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  NLRA (National Labor Relations Act) – Requires unionized restaurants to negotiate and agree on drug testing policies with their employees' union.
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  Civil Rights Act of 1964 – Prohibits discrimination in hiring and drug testing based on race, sex, nationality, or religion.
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  Drug-Free Workplace Act of 1988 – Allows employers to establish written drug testing policies to prevent and address substance use in the workplace, promoting a safe and healthy environment.
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  Fair Credit Reporting Act (FCRA) – Requires employers to get written consent before running a background check that includes drug testing results from a third-party screening company. It also gives applicants the right to review and dispute any negative findings before adverse action is taken.

Why Background Checks Matter for Food Service

In an industry with high turnover and close contact with customers, who you hire really matters. Good pre-employment screening helps catch problems before they show up on the floor—like a criminal record or past incidents involving theft or violence.

Restaurants also need to know that employees have the right experience and training, especially when it comes to handling food safely. Verifying things like employment history through a background check for fast food workers, criminal history, and certifications helps protect your team, your customers, and your reputation. Running background checks during your hiring processes is all it takes.

Relevance of Occ Health Services in Food Industry

The food service sector is inherently fast-paced and physically demanding, exposing workers to various occupational hazards. In 2019, full-service restaurants reported approximately 93,800 nonfatal injuries and illnesses, with about one-third resulting in at least one day away from work. ​

Common injuries include cuts, burns, and musculoskeletal disorders due to repetitive tasks and prolonged standing. Additionally, the risk of infectious diseases remains a concern. For instance, in November 2024, a food service worker in Milwaukee tested positive for hepatitis A, prompting public health alerts and vaccination clinics to mitigate potential exposure risks.