Many employers require drug testing equally a condition of hiring and continuing employment. In fact, it is rare these days for an employment application not to forewarn of the employer's intention to conduct a drug test before issuing an offer of employment.

Drug testing is carried out by some government employers and has become quite popular in the private sector equally well. Therefore, employees should accept seriously the employer'south warning that drug testing volition be a condition of hiring.

Contents

  1. When are Drug Tests Carried Out?
  2. Are there Specific Types of Drugs that Employees Typically Test For?
  3. Are at that place Consequences If I Fail a Drug Test?
  4. Do I Take Any Defenses to Testing Positive for Drugs?
  5. Should I Consult an Chaser Nigh Drug Testing?

When are Drug Tests Carried Out?

There are certain weather condition under which drug testing may be conducted. Some of these include the following:

  • Pre-employment: Employers are always trying to determine how best to weed out employees that may present a liability. Drug testing can place problematic employees who are unable to perform their jobs while drug free and who volition increase insurance costs because of their drug use.
    • It is entirely upwards to the bidder to make up one's mind not to complete an application when the employer requires drug testing as a condition of employment. In the states that allow pre-employment drug testing, the potential employee is given notice of the testing and the employer makes it clear that an offer and credence of employment is contingent on passing the drug test.
  • Post-Employment: Later on an employment has been hired, the employer may bear random testing. Though random testing has been attacked as a violation of employee privacy rights , some states nonetheless allow this practise.
    • Courts in detail have upheld the lawfulness of random testing in safety-sensitive workplaces and where testing is truly random. That is, the testing must not exist directed at specific employees for pretextual reasons.
  • Crusade-Specific: Employers may gild drug testing to eliminate allegations that an accident resulted from drug utilise past an employee. For example, a drug exam may be requested in connection with a workers compensation claim. The issue of this drug exam can essentially impact whether an employer receives the type of damages or corporeality demanded.
  • Suspicion of Drug Use: If an employer or employee reasonably suspects another employee of drug use, the employer may demand testing. Reasonable suspicion will vary depending on the circumstances or state statute, only employers may be willing to undertake such testing to reduce the potential for work accidents caused by the employee's drug use or to prevent claims past other employees that their notifications of drug use was ignored.

These are merely some of the conditions under which an employer may carry out drug testing. Y'all should consult with your employee handbook or country laws to learn more about what your employer can and cannot do. Each country may have dissimilar rules and laws for drug testing. For instance, declining a drug test in California may accept different consequences than failing a similar test in another state.

Are at that place Specific Types of Drugs that Employees Typically Test For?

The situation will dictate what blazon of drugs for which the employee will test. However, there is a list of drugs that employees typically test for, peculiarly in pre-employment scenarios. About tests are conducted with urine analysis, which eliminates arguments confronting invasive testing.

The almost commonly tested drugs include:

  • Amphetamines;
  • Marijuana;
  • Cocaine or crack; and
  • Opiates like heroin, morphine, opium, codeine

Are there Consequences If I Neglect a Drug Test?

Failing a drug examination means an employer can deny you employment or terminate your employment depending on the conditions of your hiring. After you have been hired, the employer may cull to continue your employment but reject to promote you until you pass the next series of drug exam.

To acquire more, you should consult your employee policy and identify whether your employer has a zero-tolerance policy most drug apply.

Do I Have Any Defenses to Testing Positive for Drugs?

If they test at all, most employers volition be testing for illegal controlled substances. Marijuana, for example, is a usually tested drug. However, with so many states now allowing the legal use of marijuana for recreational and medicinal employ, the employer may be precluded from discriminating confronting you when you use this drug.

Some states have approved the employ of medical marijuana for the treatment of glaucoma, nerve hurting, seizures, cancer, or irritable bowel syndrome. You can raise this as a defense if the use of marijuana is lawful in your state.

A lesser used defense force is lab error. Though rare, it will happen and whether there has been employee error in running the test or a "false positive" result, you may be entitled to claiming the exam.

Should I Consult an Attorney About Drug Testing?

It is pretty standard these days to include a successful drug examination every bit a status of employment. Drug testing as part of standing employment can be somewhat more complicated. If yous are confused well-nigh what your rights are, consult an experienced employment lawyer .

An experienced chaser will be knowledge about the drug testing laws of your particular state and tin can guide yous through the options bachelor to y'all.