Third-Party Drug-Testers—Not Just Employers—Owe No Duty to Employees
The Texas Supreme Court has issued an opinion holding that "third-party testing entities hired by an employer do not owe a common-law negligence duty…
December 19, 2023 at 04:19 PM
6 minute read
Cases and CourtsThe Texas Supreme Court has issued an opinion holding that "third-party testing entities hired by an employer do not owe a common-law negligence duty to their clients' employees." Houston Area Safety Council, Inc. v. Mendez, 671 S.W.3d 580, 590 (Tex. 2023) ("Mendez"). In a positive development for employers that drug test their employees, the Mendez opinion also strengthens prior Texas Supreme Court precedent that held employers owe no duty to their employees when employees complain that their employers negligently collected specimens for drug testing. Mission Petroleum Carriers, Inc. v. Solomon, 106 S.W.3d 705 (Tex. 2003) ("Solomon"). In other words, it logically follows that if employers do not owe a duty to employees for the drug tests administered by the employers in-house, a third-party hired by the employers to administer the employers' drug testing programs, likewise, do not owe a legal duty to employees for drug tests that the employees claim were administered negligently.
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