If you cannot abstain from using drugs during that period, you might consider whether treatment could benefit you. While you have the right to request a retest at your own expense when you fail a pre-employment drug test at your own expense as described above, you do not have a right to retake a pre-employment drug test. Instead, if you dispute the results, your original sample will be retested. You will not be asked to submit a new sample. Pre-employment and random employment drug tests are important for protecting the safety of your workplace and your employees.
When you include drug screens as a part of your pre-employment background check process, you can find candidates that are well-suited for your workplace. At iprospectcheck, we offer comprehensive pre-employment background checks and clinical services to our clients. Our professional staff members use the latest technology and methods to quickly return results. To learn more, contact us today for a free quote and consultation. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
Last Updated on August 20, What is Pre-Employment Drug Testing? The testing process might include the following three phases: Collection and initial screen to determine the absence or presence of detectable drugs Confirmation screen if an initial screen returned a positive result with a review performed by a medical review officer Results provided for the drugs selected to the job applicant and employer within one to three days Why is Drug Screening Important?
The following statistics demonstrate why it is important for employers to take steps to achieve drug-free workplaces: The National Safety Council reports that employees with substance use disorders miss an average of The U.
Urine Tests Urine tests are the most common type of pre-employment drug test used by employers in the U. Hair Tests Hair tests have a long detection span and can detect drug use from up to three months before the testing date.
Blood Screens Some employers use blood drug tests to screen applicants or employees for illegal drug or alcohol use. Saliva Tests Saliva testing is used by some employers since the applicants or employees can be observed throughout the collection process, making it difficult for the applicants or employees to dilute the results or adulterate them. Breath Alcohol Tests Breath alcohol tests may be used when an employer suspects an employee may be impaired by alcohol on the job.
Pre-Employment Drug Test Laws A Complete Overview Other than in federally-regulated safety-sensitive industries, including nuclear energy, transportation, and military contractors, states are largely in control of laws governing pre-employment drug testing. Federal and State Discrimination Laws Title VII of the Civil Rights Act of and state anti-discrimination laws prohibit workplace discrimination based on the protected characteristics of certain groups of applicants or employees.
Disability Discrimination Under the ADA An applicant or employee who takes prescription drugs for a covered disability under the Americans with Disabilities Act may test positive on a drug screen, depending on the type of drug he or she is prescribed. Invasion of Privacy If an employer conducts drug testing in the workplace in a way that violates the privacy of its employees, the employer may face a lawsuit for invasion of privacy.
In general, your drug testing policies and procedures should adhere to the following guidelines: Notify applicants in advance that pre-employment drug testing is a part of your screening process. Give the same type of test to applicants for the same positions.
Choose a company that has a state-certified laboratory. How to Conduct a Pre-Employment Drug Test Before starting a drug-testing program at your company, you should research the federal and state laws and regulations to make sure that you comply with the requirements.
After you do this in consultation with legal counsel, you should implement the following steps. Draft a written policy and procedure. Provide notice of your intent to conduct pre-employment drug screens or random drug screens. Obtain written consent. Select a drug testing site.
You may opt-out by clicking here. More From Forbes. Nov 9, , pm EST. Nov 9, , am EST. Nov 8, , pm EST. Nov 8, , am EST. This industry has one of the highest rates of drug and alcohol abuse as well. So it is essential for any construction job to have a strict drug testing program in place. The public transportation industry handles moving millions of people and products from one point to another each day. They operate planes, compact cars, big trucks, airplanes and trains each day.
So checking for substance abuse during the hiring process, or any time afterward is a strict rule for all companies in this industry. The U. Department of Transportation made drug testing mandatory for both employers and employees in this industry.
To ensure a drug-free workplace and safety for everyone, transportation employers enforced routine drug screening. This will ensure a safe work environment for everyone. Based on the results of a recent U. This includes companies involved in the production of both non-durable and durable goods.
This is all based on statistics from the U. Department of Health and Human Services. Drug and alcohol abuse in the manufacturing industry doesn't just affect the individual workers and their fellow employees.
It can also affect the reputation of the company and possibly lead to recalls on products if they were not handled properly. The hospitality industry includes motels, hotels, restaurants, bars and other related facilities.
This industry requires workers to be courteous and professional to guests. Unfortunately, it has one of the highest rates of drug and alcohol abuse. Court decisions have supported following these guidelines, and as a result, many employers choose to follow them.
They also identify the five substances tested for in Federal drug-testing programs and require the use of drug labs certified by SAMHSA. An employee or applicant provides a sample to be tested. Usually precautions are taken, such as putting blue dye in the toilet and turning off the water supply, to prevent adulteration or substitution of specimens so that collection can be completed in privacy without any direct visual observation by another person.
The accuracy of drug tests done by certified laboratories is very high, but this certification applies only to the five substances tested for in Federal drug-testing programs and alcohol. In the event that the initial screen and confirmation test are both positive, MRO, a licensed medical doctor who has special training in the area of substance abuse, then reviews the results, makes sure the chain-of-custody procedures were followed, and contacts the individual to make sure there are no medical or other reasons for the result.
It is only at this point that the MRO may report a positive test result to the employer. Certain medications can sometimes cause a positive result.
If this is the case, and a doctor prescribed the medicine and the employee used it in the proper amount, the test is reported as negative. Who is allowed access to the results of a drug test? The result of a drug test may be considered personal health information. This is why employees who undergo a drug test generally must sign a release usually at the time of the test in order for their employer to receive the results.
For more information about issues related to the release of health information, contact DHHS. There are a variety of circumstances under which an organization may require a drug test. Following are the most common or widespread:.
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