At some point in your working life in the United States, you will be required to undergo a drug test. Your employer may need it, whether before you are hired or already providing services to a company. Should you accept it? Does this violate your right to privacy? We’ll tell you.
Although some workers may consider this type of testing to violate their right to privacy, employers are protected by law as long as they comply with state and federal regulations. Company policies on drug testing should apply equally to everyone. There can be no discrimination.
From the employer’s perspective, illicit drug use by employees leads to:
- Absenteeism
- Decreased productivity
- Work accidents
- workers compensation claims
- Liability claims.
Due to these and other factors, they consider these exams convenient.
The most common method of drug testing is through urine. However, a blood sample or even hair can also be analyzed, where traces of drug use remain much longer.
The time of its completion may be before or after hiring under certain circumstances.
Pre-employment drug testing
With a few exceptions, private employers may require job applicants to submit to a drug test as a condition of employment.
You have the right to refuse the test, but just as the test results will influence the employer’s decision, your refusal will most likely also affect your application, and your job offer could be withdrawn.
Unlike post-hire testing, pre-employment drug testing does not need to be justified by security or other considerations inherent to the position. It is simply the desire to have a workplace free of illegal drugs.
In unionized workplaces, prior drug testing may be subject to negotiation between the employer and the union. A union employee may not need to be tested unless it is specifically covered in the collective bargaining agreement.
State laws regulate pre-employment testing. If you have questions about whether you should take a drug test before being hired, check your state’s laws.
Drug Testing During Employment
Many states have laws that limit the circumstances under which an employer can require its employees to undergo drug testing. These regulations seek a balance between the legitimate interests of employers in maintaining a safe work environment and the privacy of workers.
The tests performed are subject to the laws and the employer’s drug testing policy. If you are a unionized employer, they will depend on the terms of the collective bargaining agreement between the employer and the union.
The circumstances under which testing may be permitted vary depending on state laws, but may include:
Random and unannounced testing, sometimes limited to employees in positions that require greater safety for both the worker and others.
Periodic testing of all employees at specific times of the year.
Reasonable suspicion testing is when the employer observes signs of alcohol consumption or illegal drug abuse by an employee.
Tests after a work accident.
Follow-up testing when an employee returns to work after completing a drug rehabilitation program.
State and federal regulations require employees in certain professions to undergo drug testing. The transportation and construction industries are the ones most commonly needed to apply these regulations.
The Department of Transportation (DOT) notes: “Any person designated in DOT regulations as an employee providing safety-sensitive services is subject to alcohol and drug testing.” from the Department.”
In general, drivers who have a commercial driver’s license (CDL) are subject to this type of analysis. Similarly:
- Pilots and other airline crew members
- Aircraft and airport maintenance and security personnel
- Operators of commercial vessels, oil/gas pipelines and heavy machinery, among others.
Standards for federal employees
The Drug-Free Workplace Act of 1988 created mandatory guidelines that apply to many federal employees (executives, uniformed services, and most federal contractors).
“The use, possession or sale of illegal drugs is incompatible with federal employment. Employees who have used illegal drugs or who refuse to submit to testing, when necessary, may be subject to disciplinary action, up to and including dismissal from federal service,” states the United States General Services Administration (GSA). In English).
Federal agencies that conduct drug testing must follow procedures established by the Substance Abuse and Mental Health Services Administration (SAMHSA).
These standards require testing for amphetamines, hallucinogens, marijuana (THC, cannabinoids, hashish), cocaine, opioids (heroin, morphine, codeine), and phencyclidine (PCP).