In general terms, unless the employee's work is covered by a union contract, the employee has no special right to be informed of drug testing policies and the employer has no need to get the employee to agree to the policy. However, the employer's drug testing policy must be non-discriminatory.

If the employee does not want to participate in drug testing based upon particularized suspicion, or in support of a zero tolerance workplace, the employee will most likely need to seek work elsewhere.