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if an applicant is prescribed opiates for a covered disability, he or she might file a lawsuit if a job offer is rescinded based on the test results.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. If the lab only collected one sample, it might save a portion of the sample for potential retesting. If you are notified by a medical review officer that your drug test was positive, you will have 72 hours to ask for a retest.
You can make this request orally or in writing. If you request a retest of the original sample or of the split sample, it will trigger the confirmation testing. You will have to pay for the cost of the retest and should be prepared to do so. If you make a timely request for a retest, the medical review officer will send a notice in writing to the lab to forward the portion of the initial sample or the split sample.
The time and date of your request for retesting will be reported by the MRO to the company, and the MRO will also report whether the retest confirmed the positive result. Typically, some time will pass between an interview, job offer, and your pre-employment drug screen.
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. In federally regulated programs, only urine samples are collected, although the Secretary of Health and Human Service has released proposed guidelines for the inclusion of oral fluid specimens.
Additional categories may include barbiturates, Benzodiazepines, ethanol alcohol , hydrocodone, MDMA, methadone, methaqualone, or propoxyphene. Random tests are the most effective for deterring illicit drug use. Employers conduct random tests using an unpredictable selection process.
You can make passing a drug test a condition of employment. With this approach, all job candidates will receive drug testing prior to being hired. You can test your employees for alcohol and other drug use as part of an annual physical examination. Be sure to inform employees that drug-testing will be part of the exam.
Failure to provide prior notification is a violation of the employee's constitutional rights. You may decide to test employees who show discernible signs of being unfit for duty for-cause testing , or who have a documented pattern of unsafe work behavior reasonable suspicion testing. These kinds of tests help to protect the safety and wellbeing of the employee and other coworkers. Testing employees who were involved in a workplace accident or unsafe practices can help determine whether alcohol or other drug use was a contributing factor to the incident.
Testing employees who return to work after completing a rehabilitation program can encourage them to remain drug-free. Ensuring the accuracy of drug-testing results is critical. MROs are licensed physicians who receive laboratory results and have knowledge of substance use disorders and federal drug-testing regulations. A negative test result does not indicate that an employee has never used alcohol or illicit drugs, nor is it a guarantee against future use.
Federal employees or employees in safety- and security-sensitive industries regulated by the Department of Defense DOD or the Department of Transportation DOT who show positive test results have the right to have the specimen tested by a second HHS-certified laboratory. Although a second test is not required, all employers should include this right in their drug-testing programs.
Depending on the workplace and the circumstances, employees who test positive may be referred to EAPs, into treatment, or for disciplinary action. To sign up for updates or to access your subscriber preferences, please enter your contact information. Skip to main content. These five illicit drugs are:. The typical 8-Panel Test includes the above-mentioned substances plus:. The typical Panel Test includes the 8-Panel Test plus:. Though it might not be wise to publicize detection windows and invite employees who may use drugs to push their limits, when implementing drug testing, it is important to understand them.
For instance, alcohol is absorbed and eliminated more quickly than other drugs. This is why post-accident testing procedures often require testing for alcohol to occur within two hours. Other drugs are eliminated from the system at different rates and thus detectable for different periods of time, often long after the drug's effect has worn off. The following are estimates of the length of time that certain drugs are detectable:.
How does a drug test determine if a person has been using substances? What are cut-off levels and what do they determine? Aside from a breath alcohol test, drug testing does not determine impairment or current drug use. Rather, drug testing determines a specified amount or presence of a drug or its metabolite in urine, blood or an alternative specimen.
There is a minimum measurement applied to drug testing so that only traces of a drug or its metabolite above a specified level is reported as positive. For example, a low cut-off level could cause a positive result from consuming poppy seeds. Other considerations when implementing drug testing. Who pays for a drug test?
Does an employee have to be paid for time spent having a drug test? In most cases it is legal for employers to test employees for drugs. No Federal laws prohibit the practice. Thus, it is very important that employers familiarize themselves with the various state laws that may apply to their organization before implementing a drug-testing program.
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