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Drug testing is another option to consider in the hiring process as these tests may help identify individuals who are dependent on alcohol and drugs. However, state law determines whether drug testing may be conducted on prospective employees. Thus, before you request a prospective employee to take a drug test, you should consult with the department of labor in your state. In the area of drug and alcohol testing, state laws vary considerably, and some states have specific guidelines for when you may test applicants and employees and the procedures that must be followed by employers. It is possible that using a drug test may minimize your exposure to negligent hiring claims.