Drug Testing In The Workplace
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Information on Drug Testing in the Workplace
Contents |
Workplace Drug Testing on the Rise
Is Workplace Drug Testing Legal?
Most U.S. states sanction some sort of drug testing in the workplace, but many don't regulate it much. In these states, employers may legally ask you to drop your drawers and urinate in a vial, for any reason or no reason at all. They don't need a warrant or even probable cause, as they do to legally justify violating your other rights. They may randomly drug test you, simply by drawing your name from a hat.
And sadly enough, they are performing this personally invasive procedure to save a few bucks on their insurance or to be deemed 'politically correct'.
This is the statement made by the Department of Labor Workplace Advisor::
The majority of employers across the United States are NOT required to drug test and many state and local governments have statutes that limit or prohibit workplace testing, unless required by state or Federal regulations for certain jobs. Also, drug testing is NOT required under the Drug-Free Workplace Act of 1988. On the other hand, most private employers have the right to test for a wide variety of substances. It is very important that before designing a drug-testing program you familiarize yourself with the various state and Federal regulations that may apply to your organization.
Legalized, mandatory drug testing in the workplace has caused quite a stir. Proponents claim that employers have every right to expect workers to be sober on the job, especially when workplace or public safety and security are a concern. Opponents do not deny that employers are correct in that expectation, and agree that concern is justified when security or safety is at risk.
But opponents argue that random, workplace drug testing is not the proper way to check for sobriety on the job, because it does not prove that you are impaired. If you test positive, all it proves is that you likely copped a buzz, somewhere at sometime. Opponents don't think that's any of your employer's business, if you didn't do it in the workplace and aren't impaired on the job.
But, as it is, it doesn't matter whether you use drugs responsibly, infrequently, chronically, or on or off the job. If your drug test is positive, you might suffer consequences, even if you've never shown signs of a residual high from the night before, taken too many "sick" days off or copped a buzz while working. You might even suffer the same consequences a serious drug abuser would, just for experimenting once with a drug too close to a random test.
Drug Testing; How it all started
 | It all started on September 15, 1986, when President Reagan signed Executive Order 12564 in an attempt to establish a drug-free Federal workplace. The Order made it a condition of employment for all Federal employees to refrain from using illegal drugs, even when off-duty. It spawned the Drug-Free Workplace Act of 1988. These edicts originally applied only to Federal employees and contractors. However, states, local jurisdictions and private-sector employers quickly followed the lead of the nation's largest employer.
Opponents don't deny that drug abuse is a serious problem in the U.S. But they claim that such edicts are not the cure. Worse, mandatory drug testing in the workplace contradicts employees' constitutional rights to privacy and opens the floodgates for abuse. Many of the hundreds of laws that govern drug testing in the workplace are confusing, lacking or still evolving. |
Yet, mandatory drug testing in the workplace still goes on, unchecked. While there are strict Federal guidelines for collecting and testing samples, not all states and jurisdictions regulate the circumstances under which employers may legally conduct workplace drug testing. Not every employer knows and follows the laws to the letter anyway.
To complicate matters even more, there are few state and no Federal "employee workplace privacy rights" laws in the first place. So, it's no surprise that many employers invade employee privacy, just because they can. Consequently, employees are forced to prove their innocence in drug use, even when there's no suspicion of guilt.
Drug Testing : From the Employers Viewpoint
Some employers are hesitant to request a drug test from applicants.
But, for the most part, employers seek job applicants that are hard working and reliable. Moreover, employers want to trust their employees. From an employers standpoint drug users do not fit this stereotype. Utilizing a drug test as part of the interview process is a perfect way to eliminate individuals who engage in drug use and will exhibit more of the traits that employers desire.
In reality, as most people know, there is a pattern among individuals who take illegal drugs. In some cases, drug users steal, cheat, lie, and so forth. This is done in an attempt to support their drug habit, and to conceal their addiction. Many drug users have problems in their personal lives. That is not to necessarily say the drug use is causing the personal problems but that the drug use is because of the personal problems.
And let's face it, an employer can invest many years training and grooming an employee for company advancement and can see all of that effort go up in smoke in an instant if that employee is arrested on drug related charges.
By administering periodic drug tests, employers are able to detect which employees have a drug use problem and perhaps avoid future pitfalls.
Frequently-Asked Drug Testing Questions
This section will be growing as users send us additional questions on drug testing.
What happens if I Fail a Drug Test?
Under drug testing laws, your employer might legally have good cause to fire or deny you promotion, while potential employers might justifiably refuse to hire you. If you're fired for failing a drug test or you injure yourself and then test positive, state or local drug testing laws (or other laws) might even allow your employer to deny you unemployment, worker's compensation or disability benefits.
Drug testing laws vary by municipality and state. Additionally, by example, the Feds encourage treatment and rehabilitation verses punishment. Lastly, not every employer, state and municipality has a mandatory zero-tolerance policy. So, you just might get a second chance.
For example, instead of firing you for failing drug testing, your employer might offer an employee assistance program or ask you to seek help on your own, like a drug treatment program. While it might be better than a boot on your backside, it's not necessarily for your benefit as much as it is for your employer's. It costs employers a lot of money to fire employees and hire replacements. So, treatment programs might be a cheaper alternative and produce sober, grateful, more-dedicated employees.
But, if you refuse treatment after failing drug testing, you're likely out of a job, even if you're a responsible, recreational drug user who doesn't really need formal help. Even if you accept treatment, your employer might be under no obligation by law to give you time off or sick leave pay.
To research your state's drug testing laws and potential consequences, start by clicking on State Drug Testing Laws in the sidebar. Do I have to submit to drug testing by law?
You don't have to submit to drug testing if you don't want to. That's your right. But, the consequences might be about the same as if you failed drug testing, because you're essentially guilty until proven innocent under the current program. Again, under municipal or state drug testing laws, an employer might have good cause to fire you, while potential employers might justifiably refuse to hire you.
Will I be arrested for failing a drug test?
 | This writer can't speak for all municipalities, states and employers, but research reveals that it's not likely. There's too much controversy over privacy invasion and drug testing accuracy. It's an evidence thing too. Nanograms in the sample you submit for drug testing is not the same as an ounce stashed in your back pocket. Besides, as previously indicated, the Feds encourage treatment and rehabilitation, not arrest.
However, if you are under a court order to take a drug test and you tamper with the results you may have your parole violated. Beware! However, you'll likely get arrested if you're caught using or carrying drugs on the job and your employer reports it to the authorities. You might lose your job, too. |
Can I sue for violation of my rights?
At this writing, pending lawsuits are challenging random workplace drug testing as a violation of the Fourth and Fourteenth Amendments. Additionally, employees and job candidates have sued for random drug testing and won, even though they tested positive. In some cases, they've won simply because employers did not abide by municipal or state workplace drug testing laws.
For example, some municipal or state drug testing laws:
# Limit discipline for employees who test positive the first time # Don't allow employers to make job candidates or employees pay for drug testing # Limit drug testing only to jobs for which workplace or public safety or security is a concern # Forbid random drug testing
And there are other laws and regulations regarding eployee drug testing which vary based on your location.
There have been many legal challenges to drug testing in which some cases were won. But, let's be clear, others have sued and lost more than their jobs. If you sue and lose there is the monetary loss and additionally the suit creates a public record which will be availble to your friends, neighbors and potential employers.
So, depending on your particular situation, you may wish to consider seeking other employment. Bottom line is, if you fail or refuse drug testing and suffer consequences, you might be able to challenge employer policies or drug testing laws in court but there may also be a price to pay. Your best bet is to see an attorney about your specific situation.
External Links
SAMHSA Prposed Rules for Workplace Drug Testing
DrugFreeWorkPlace.gov
Federal Workplace Drug Testing
pass a drug test
ebook to pass a drug test
pass hair drug test
pass urine drug test
pass saliva drug test
pass drug test forum
pass drug test blog
See Also
Pass A Drug Test
Drug Testing
Drug Test
Drug Test Detection Times
Drug Testing Methodologies
Types Of Drug Testing
Hair Drug Test
Urine Drug Test
Saliva Drug Test
Sweat Drug Test
Blood Drug Test
