Breath alcohol tests may be used when an employer suspects an employee may be impaired by alcohol on the job. Most employers ask for the following five substances to be screened on a pre-employment drug test:. Some employers also request screens that test for additional substances. Blood or breath tests can be used to test for recent use of alcohol and might be requested after an accident or when an employee exhibits signs of alcohol impairment on the job.
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. While these laws vary from state to state, most states authorize employers to conduct pre-employment drug tests as long as the tests comply with the state regulations. Some states also require employers to give applicants notice that drug testing will be required in their job advertisements.
Even in states that allow pre-employment drug testing, there are several areas in which employers need to take care to avoid violating other federal or state laws to prevent potential liability claims. 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. If you only test certain applicants based on their gender, age, race, color, national origin, sexual orientation, etc.
You can avoid this problem by giving all applicants the same tests instead of only testing specific groups. 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.
For example, if an applicant is prescribed opiates for a covered disability, he or she might file a lawsuit if a job offer is rescinded based on the test results. Applicants should be given the opportunity to explain or challenge drug test results if they will be used to make adverse job decisions. Employers are also not allowed to divulge the private medical information of employees to others in the workplace.
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. For example, if an employee or applicant is forced to disrobe in front of others when performing a pre-employment drug test or an employment drug screen, the employee might have grounds to file a lawsuit.
Since state regulations and laws about employment drug testing vary and constantly evolve, employers should talk to attorneys if they have concerns about whether their drug testing programs and policies comply with all relevant laws. When you work with a trusted partner like iprospectcheck, we complete drug testing in a way that complies with all of the laws.
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. Make sure to put your drug screening policy in writing in a policy that complies with any applicable federal or state laws.
Make sure that this notice is provided to the applicant or employee in writing as a standalone form. After you have ordered a drug test, the applicant or employee will be sent an email asking for consent to be tested. This form asks the candidate to authorize the administration of the drug screen.
After an applicant or employee has provided consent, he or she will be given instructions for where to go to complete the test.
Candidates are given a form that they must bring to the testing site together with a valid photo ID. Employees and candidates provide a urine, hair, or saliva sample at the collection site. They should be encouraged to bring any prescriptions that they currently take to reduce the risk of false positives.
A medical review officer will review the test results to ensure accuracy. Within one to three days, both you and the candidate or employee will be able to review the results. Candidates are generally only notified if their results are positive.
If you decide to make an adverse hiring decision based on information from a background check or pre-employment drug test, you must follow the adverse action process under the Fair Credit Reporting Act before finalizing your decision. If you test positive on a pre-employment drug test during the initial screening, your sample will be sent for confirmation testing.
If the confirmation test also reveals a positive result, a medical review officer will review the chain of custody of the sample and the results. Depending on the results, you might be contacted by the MRO to answer questions about any prescriptions you might take that might explain the positive test.
For example, if your sample tested positive for benzodiazepines, you might be asked whether you have any current prescription for this class of drugs. An MRO might not contact you. Instead, you might first learn your results from a human resources professional at the company where you applied. In most cases, failing a pre-employment drug test will mean that you will not be eligible for the position. Before a company can conduct pre-employment drug tests, they must first clearly state that an offer of a position to the candidate is contingent on passing a pre-employment drug test.
Companies might make this type of statement in the job posting, a conditional offer of employment letter, or in another official document. A clear statement that your offer is contingent on passing a pre-employment drug test gives a prospective employer the right to rescind an offer if you fail the test. In addition to a pre-employment drug screen, some employers also require candidates to agree to random drug tests after they are hired if the employers suspect that the candidates might be using substances either on or off duty when the substance use might affect workplace safety and job performance.
Once your prospective employer notifies you that your drug test was positive, you can request that the specimen be retested. If the lab collected a split specimen sample, the lab will retain the second sample for potential retesting when the initial sample tests positive. For queries or advice about pensions, contact the Northern Ireland Pension Centre.
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What to do next For queries or advice about employment rights, contact the Labour Relations Agency. What to do next If you wish to report a problem with a road or street you can do so online in this section. Many also require the employee to stop working until after they have received their drug test results. As an employer, you must establish a drug and alcohol policy that clearly communicates the details of your drug-testing policy, including how and when it can occur. This not only informs employees of your policies and procedures but also outlines repercussions if an employee tests positive.
Zero tolerance policy: If your company chooses to do so, your policy could include zero tolerance. Employees can be terminated immediately after a positive test to ensure a drug- and alcohol-free workplace.
Second chance policy — Your company may choose to offer a second chance policy. In this case, you require the employee to complete a substance abuse program, which may include regular random drug screens. Partnering with a drug screening expert like Noble Diagnostics will help you stay current with ever-evolving legislation, regulations and workplace best practices so you can develop an efficient drug and alcohol testing program.
Skip to content. When to drug test an existing employee There are four times you should conduct drug tests of existing employees: After a furlough or layoff lasting 90 days or more. As many businesses and states reopen after COVIDrelated closures, employees are also coming back on the job.
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