Apparently the only legal limitations upon a nonunionized private-sector employer wishing to implement a workplace medical testing program involve the methodology used. The employer must design the medical testing so as to preclude both the 'governmental entanglement' which brings into play constitutional restrictions and the unexpected, unreasonable, or unnecessary actions of its testing agents, which give rise to common law actions in tort. A unionized employer has an additional responsibility. Such an employer must bargain in good faith with the union over the promulgation and implementation of such a medical testing program, unless the right to implement such a program unilaterally has been contractually retained by management or the union has waived its right to bargain over this issue. The private-sector, nonunionized employer's use of testing results in making employment decisions is also generally limited only by methodological concerns. An employer's testing program must be designed to ensure that there will be no negligent or premature disclosure of test results and must require confirmational testing of any initially positive test results prior to the initiation of any adverse employment actions. 119 footnotes.