How to Pass a Drug Test - Urine and Hair Follicle | Cleartest
Considering all the legal obstacles that drug testing has and still faces, and the absence or lacking of state drug testing laws, you might be able to challenge related disciplinary action in court and win. Many employees have filed and won, even after they didn't pass drug tests. See a about challenging disciplinary action.
USDTL | United States Drug Testing Laboratories, Inc.
It is legal to test some, but not all, employees, but an employer must be careful. The policy should cover all employees in specific job categories. For example, the company could make all workers who operate machinery or vehicles subject to drug testing, but not require testing of clerical staff. Some employers test only those employees whose jobs are inherently risky. Some companies would not even do drug testing were it not for certain laws, such as the for long-haul truck drivers, oil and gas pipeline workers, and so on. Some contracts specify that workers coming into a client's facility will be subject to drug testing. If that happens, the contractor does not also have to test its other employees who do not go onto that client's premises. The main thing is to decide who will be covered, and then to enforce the policy in an even-handed way.
Many companies incorporate a search policy into their drug testing policies. After all, a drug test is a type of search. For an example of such a provision, and read the sample drug-testing policy.
Matrix Diagnostics Workplace Drug Alcohol Testing
You likely won't be arrested, as failing a drug test is not the same as getting caught red-handed possessing or doing an illegal drug in the workplace. However, if your employer catches you possessing or doing an illegal drug, that's a different matter. Your employer has the right to call the police, who might arrest you. Keep in mind that "Big Brother" is likely to be you, whether or not you know it.
Is Saliva Testing Right For Your Workplace? – Saliva Drug …
Pre-employment drug testing is something that some employers choose to do for applicants. It is not regarded under the ADA as a medical examination, so it may be done at any point of the selection process, but due to cost issues, most companies restrict such testing to the final candidates for a position. Regarding the issue of who pays for the test, most companies assume that burden. Texas and federal law do not have specific provisions one way or the other, but if requiring an applicant to pay for a pre-employment drug test would have the effect of discouraging minority applicants, or else effectively result in less than minimum wage for the employee's first paycheck, EEOC and/or the U.S. Department of Labor may have concerns under EEO or minimum wage laws. It would be best to let doubtful cases be reviewed by employment law counsel prior to such testing. Even though drug tests themselves are not covered by the ADA, the results from such tests are considered medical records and should be kept in a separate, confidential medical file just as other types of medical records must be maintained under the ADA.
Substance Abuse and Drug Testing Policy – World …
For example, instead of outright firing you, your employer might ban you from performing safety-sensitive duties until you successfully complete a course, counseling or treatment program and then pass a "return to duty" drug test. That's particularly so if you work in an industry regulated by the U.S. Department of Transportation (DOT) or for a company that follows .
State Drug Testing Laws - OHS INC
Former Section 411.091 of the Texas Workers' Compensation Act (repealed in 2005) required any employer that is covered under a workers' compensation policy and that has 15 or more employees to have a drug-free workplace policy and to distribute the policy to all employees. Although the law did not require such companies to provide for drug testing, TWCC rules 169.1 and 169.2 state that if drug testing is done, the policy should be given in writing to all employees and should specify what penalties may be imposed in case of positive drug test results. While the statutory basis for those two rules may be in doubt, the intent behind the rules remains a good practice, i.e., any important policy should be in writing and should be specific as to requirements and penalties.