If your company policy allows for random drug screens, an employer can test an employee at any time. This can be especially important in high-turnover industries or for employees working in safety-sensitive positions.
Can I test my employees for drugs?
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
Can an employer drug test you without telling you?
No matter what kind of job you have, the employer can make you take a drug or alcohol test, without prior notice, if: They have reason to think that you are under the influence of drugs or alcohol at work.
Is it better to refuse or fail a drug test?
Refusing to take a drug test is much like refusing to take a breathalyzer; it’s your right to say no, but just taking the test is usually the better option. … In some cases, even your doctor may request a drug test for medical reasons.
What are the consequences of failing a drug test?
If they fail a drug test, they may be referred for treatment, suspended, or removed from the job. However, the private sector and public employers (with 25 or more employees) must “reasonably accommodate” employees who want to seek drug or alcohol abuse treatment.
What happens if you fail an employer drug test?
Generally speaking, if you fail a pre-employment drug test, the company may legally refuse to hire you. And, if you fail a drug test while employed, your employer may legally terminate your employment or prevent you from being promoted.
Can a failed drug test follow you?
The positive drug test remains in the Drug and Alcohol Clearinghouse until you successfully complete the Return-to-Duty process and follow-up testing. After that, the information stays in the Clearinghouse for five years. An employer may not access your DOT drug testing results without your consent.
Can they watch you pee for a drug test for a job?
Do they watch you pee for a drug test? Although it can be easy to alter the sample, neither your employer nor the lab assistant will watch you while you collect the sample.
What happens if you test positive on a DOT drug test?
DOT and USCG regulation may prohibit you from performing your safety-sensitive functions after a positive test result or refusal to submit to testing. You should be aware that a positive, adulterated or substituted DOT drug or alcohol test may trigger consequences based on company policy or employment agreement.
Can you walk out of a drug test?
You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.
Is there a database for failed drug tests?
The final clearinghouse rule that will establish a DOT database of drivers who have failed or refused a drug test has just been published by the FMCSA in the Federal Register. The ruling goes into effect on January 4, 2017, with a compliance date of January 2020.
What is a good excuse for failing a drug test?
Here are a few creative excuses relayed to us:
- “I was at a party over the weekend – can I retest later?”
- “I didn’t know the brownies I ate were laced with pot!”
- “I took some elephant tranquilizers. …
- “It must have been the tea that my wife gave me last night.”
- “My dentist gave me cocaine for my sore tooth.”
Can you fight a positive drug test?
The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result. Ask if the pharmacist can provide written documentation to this effect and bring a copy to the test site.
Do doctors report failed drug tests?
In general, doctors cannot share drug test results due to the requirement for doctor-patient confidentiality. Therefore, if you undergo a drug test privately with your doctor, they generally cannot share the results without your written consent.