Employers often use drug testing to screen potential candidates and to ensure that current employees are competent and responsible enough to do the job for which they were hired. According to the USA Today website, state laws govern the general scope and type of drug screening allowed. Employees should review the laws in their state for specific information.
Nevertheless, this topic is more relevant than ever. Many companies are trying to introduce such tests in view of the increasing legal responsibility of the employer in the event of an accident at work. However, these tests are against the protection of privacy. Exceptions are possible if there is a suspicion of alcohol or drug use and the consent of those affected is present for a test.
If a company wants to carry out preventive tests on workers performing high-risk jobs, that approach must be governed by a clause in the employment contracts. Pre-employment drug testing is relatively routine and usually legal.
The United States Supreme Court said that the blood tests and urine tests are minimally invasive and not harmful to the applicants or employees. Companies that perform pre-employment drug testing should usually follow a routine procedure; For example, you can identify a number of candidates for the exam while others do not test. Applicants usually have fewer rights than employees in drug testing because there is no threat of job loss.
Random drug tests
State and federal laws usually require employers to implement random drug testing. Although random drug tests are used, they must be for all employees and can not find the one person. In addition, the employer can not administer drug testing under the guise; Employees are entitled to notice of any drug test. An employer does not take the hair of an employee without his knowledge by running a drug test.
If an employer suspects that an employee is under the influence, you may be able to take the employer for a drug test. The level of the test may vary by state, to require probable cause to simply suspect. In both cases, the employer must be able to point to some behavior that reasonably indicates an employee may be under the influence of drugs.
Although drug testing is widely accepted, state laws may vary on the degree of privacy to which a worker claim. Some drug screening sites handle one person, a urine test in the presence of another person (usually to prevent the manipulation of the results).
If this is a violation of privacy or not, depends on state law. The test results can also be examined. For example, an employer may not be disciplinary against employees who are legally an opioid to treat disabilities, although the otherwise illegal opiates.