Paul H. Tobiasis an American guitarist best known for his involvement with hard rock band Guns N' Roses, with whom he has collaborated since 1994... (wikipedia)
Retaliations are hard to prove, ... That's why, I think, we don't see this in the law offices.
Future employees at the moment of hire don't negotiate, don't hire a lawyer, don't tamper with those clauses, don't even read them. They're interested only in the money. They'll sign anything.
We think random drug testing is inappropriate, particularly in areas that are not safety jobs. For an engineer on a train, perhaps it's appropriate. But for most of us, why should we submit to a drug test? They are humiliating, offensive and intrusive.
There's a potential for abuse. I'm sure there's been grumbling.
If you sense you have bargaining power, you can write your own ticket.