Elena Mirtashuk

Frequently Asked Questions About Workplace Drug Testing

It is common practice for employers to have an employee submit a drug test before being hired. Some companies will have a test submitted before and after being hired. Each company is different. If you are new to this type of test, rest assured we have all the answers about workplace drug testing.

A common question asked is if a company can legally require you to submit workplace drug testing. Any private, state or federal employee is subject to having a test completed. State laws are often similar to those of federal laws. If you have concerns about your local state laws, you can contact your state for more information. A business does not have the right to single out employees for workplace drug testing. If they have one new employee take a drug test, all new hires must take one. State laws will also dictate when a drug test can legally be done. Some states say it is only reasonable to have drug testing completed if a job is offered upon successfully completing the test.

A second question that many have concerns over is how an employer does workplace drug testing. There are various methods for collecting specimens to test for drugs. Many will use urine testing, but blood may also be drawn, and the breath may also be used. Hair testing is also becoming a popular method as drugs will remain in the hair longer than it does in the urine, blood, or breath.

You may wonder if you can refuse to have workplace drug testing done on you. You do have this right. However, the company also has the right not to hire you if you refuse. If you are already an employee and are asked to submit a drug test, you can say no as well.

What happens if you test positive for drugs, but know that the results are not correct?. If this is the case, you should contact your union if you have one. They may be able to fight for your job back. If you do not have a union, you can check with the state department of labor, so you know what local laws are.

Some companies may want you to submit a urine drug test while someone watches you. You might wonder if this is legal. Generally, it is not legal. Courts may find that this is an invasion of privacy but allow for the company to use measures to protect against tampering with the sample.

Workplace drug testingis put into place to protect the company as well as its employees. These tests are painless, and there are a variety of methods to complete them.