Drug Testing At Work

January 30,2013

Substance abuse and addiction can sometimes interfere with important matters in life, such as job security. The laws surrounding drug testing at work are very complicated.

Substance abuse and addiction can sometimes interfere with important matters in life, such as job security. The laws surrounding drug testing at work are very complicated. Basically, drug testing is allowed only if the employee is under suspicion or has recorded events of reckless behavior due to possible drug usage. Many work environments deign drug testing, as well as random drug testing, as a company rule. Other work places require a drug screen prior to hiring employees. So, naturally many people do wonder what their rights are.

When it comes to random or periodic drug screens, the law stipulates that an employee must be notified with a general grace period of two weeks. However, the law does not require this notice from employers if an employee handbook, employment contract or other similar notice of random or periodic drug tests states that such tests will or can be administered. If it is listed on a document received by employees, it is not mandatory that employers give verbal notice upon employment.

When dealing with pre-employment drug testing, there is not much room to wiggle. The law varies state to state, where some do not consider testing mandatory, while others (and the majority at that) leave drug testing up to the employer's discretion. It is generally accepted and true that any prospective employment covers the cost of the drug screen, although it is important to keep in mind that in certain states it is not required. Should any person fail a pre-employment drug test, it is at the employer's discretion to either offer the job or rescind the opportunity.

Also at the employer's discretion is the course of action taken should an employee fail a random or periodic drug test. Should a test return positive for an illegal substance this may not necessarily spell unemployment for the tested. While many employers' function under a strict no-tolerance for drugs, it's possible for a warning to result; suspension or other disciplinary action be taken instead of immediate termination. Disputes arise when considering whether or not drug using workers should be evaluated for addiction before firing them; perhaps this could be another medium for which to find more victims of drug and alcohol abuse (such as the human resource center) and enroll them in a professional drug rehab center.

Employees always have the right to decline taking a drug test that is demanded from the employer. The law however, does not protect employees from whatever repercussions follow that decision. On two sides it is possible for the employer to terminate the employee, or allow the employee to decline the test. The decision to decline a test however, granted that the employer does not terminate the subjected employee, can lawfully affect future promotions, bonuses and other benefits for whichever job title.

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MARK KILLAR

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