In recent years, there has been a growing interest in self-testing among employees in the workplace. Self-testing refers to the practice of employees testing themselves for various aspects of their health or performance without the involvement of a healthcare professional or supervisor. This can include blood sugar levels, cholesterol, cognitive ability, and drug use. The question remains, are employees allowed to test themselves in the workplace? The answer is more complex than a yes or no. The legality of self-testing in the workplace will depend on several factors. 

Ron Kilgarlin highlighted that it is important to consider the type of testing being carried out.  Suppose an employee is testing themselves for something that could impact their ability to perform their job safely and effectively, such as drug use. In that case, the employer may have a legitimate interest in regulating this activity. In these cases, the employer may have a policy requiring employees to undergo regular drug tests through an external provider or within the workplace. If an employee were to test positive for drugs during a self-test, they would be required to report this to their employer by company policy.

However, suppose employees are testing themselves for something that does not directly impact their job performance, such as blood sugar levels. In that case, the employer may have less legal interest in regulating this activity. In these cases, the employer may allow employees to self-test, provided that it does not interfere with their work duties or pose a risk to other employees. Another factor to consider is the privacy rights of employees. Employees are entitled to a certain degree of privacy in the workplace, particularly regarding their medical information. Employers may need to obtain employees' consent before allowing them to self-test and should ensure that any personal information obtained during these tests is kept confidential.

It is also important to note that self-testing should never be used as a substitute for professional medical care. If an employee believes they may have a medical condition, they should seek advice from a healthcare professional rather than attempting to diagnose themselves through self-testing. In some cases, employers may encourage self-testing among employees to promote a healthier workplace. For example, an employer may make blood pressure monitors available for employees during their break times or provide access to fitness resources such as exercise equipment or wellness programs. This can be a positive way for employers to demonstrate their commitment to employee health and well-being while potentially reducing healthcare costs associated with preventable conditions.

In conclusion, the legality of self-testing in the workplace will depend on several factors, including the type of testing being carried out, the privacy rights of employees, and the potential impact on job performance. Employers should consider these factors carefully when developing policies around self-testing and ensure that any personal information obtained during these tests is kept confidential. Ultimately, self-testing should never be a substitute for professional medical care. Employees who believe they may have a medical condition should seek advice from a healthcare professional.