In general, employers have a free hand to conduct drug testing of potential employees as a condition of obtaining the position. Such drug testing is not technically mandatory, as the applicant is free to refuse drug testing. In this way, however, the candidate also moves away from being considered for the position. Unionized workers are an exception to an employer`s right to conduct routine testing prior to recruitment; Drug testing must be explicitly negotiated and addressed in union contracts. Reasonable suspicion means that the employer has a legitimate reason based on logic and facts to believe that you have taken drugs, not just to guess, speculate or discriminate against you. Reasonable suspicion may be different in different circumstances. Examples of substantiated suspicions are, but are not limited to: States with Explicit Employee ProtectionThe following eleven states have laws with explicit language, either through anti-discrimination or through reasonable precautions that offer different levels of protection against dismissal. These laws generally state that an employer cannot fire an employee because of their status as a medical marijuana cardholder or their participation in a marijuana program. However, some states, such as Arizona, Delaware, and Minnesota, explicitly deal with drug testing, stating that a positive drug test alone may not automatically be a reason to refuse to hire someone or fire someone.
Maine goes even further, requiring employers to stop drug testing of marijuana users, and also preventing employers from firing workers 21 and older for using marijuana outside the workplace. The rights and privileges of a worker in the U.S. workforce are quite important compared to those of different countries. But even in our democratic society, injustice cannot be 100% outside the realm of possibility. A notable topic in the minds of employees is the issue of drug testing in the workplace and the issues associated with it. Yes. In most cases, an employee seeking a first job may be tested as a condition of employment, even if there is no reason or reason to believe that the potential employee has taken drugs. However, the employer must test all employees who arrive for drugs and cannot select you for special treatment. Many employers require their employees to be tested for drugs before and after hiring.
Most of the time after hiring, an employer requires reasonable suspicion before an employee is tested for drugs. Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive. Penalties for failing a drug test may include rehabilitation, dismissal and loss of unemployment benefits. To learn more about drug testing and the workplace, read below: Before accepting a drug test, a good tip would be to consult a lawyer. A lawyer can help you understand the potential risks of a drug test. If you find that your rights have been violated, it is best to consult a lawyer who will help you protect your rights and ensure that your employer treats you fairly. Employers do not have to justify drug testing before hiring, other than the desire to get a supposedly drug-free job (although some medications are much more detectable than others, and there are several products on the market designed to mask drug residues in urine). Some employees justify the use of drug testing as a protection against liability for drug-related injuries caused or sustained by employees. If you are a federal employee, Executive Order 12.564 requires that action be taken if your drug test is positive. You will be referred to an Employee Support Program (EAP) and you will need to comply with the rules of the program and stop using drugs in the future, otherwise you will be fired. You can refuse a drug test at any time.
However, as a candidate, you cannot be hired because you have not passed the drug test. If you are fired as an employee because you refuse to take the test, you may have little recourse. In fact, in some states, you might be denied unemployment benefits if you`re fired for refusing to take a drug test. Find out when an employer may require a drug test and what you can do if you are illegally asked to take a drug test at work. Some state laws also affect the scope of pre-employment drug testing. Alabama, for example, has a drug-free workplace program where participating employers receive a discount on their employee compensation insurance. Employers in Hawaii must notify applicants in advance of any drug testing, including a list of substances that will be tested. Yes. Federal law allows employers to test drugs during accident investigations. Although state laws vary, it is legal in most states to test employees for drugs after a workplace accident.
Because your employer can be held liable for injuries or damage caused by your workplace accident, the law allows the employer to test you for drugs to find out if the accident is due to your prohibited behavior, thus protecting the employer from any liability. However, employers must establish a “reasonable procedure” that allows workers to report work-related injuries, accidents and illnesses. Under this standard, requirements for post-accident drug or alcohol testing are reviewed by OSHA because these types of tests can discourage employees from reporting an accident. If OSHA determines that the employer`s drug and alcohol testing policies for post-accident reporting discourage employees from reporting the accident, the employer will be fined up to $12,471.00 per violation or $124,712 for intentional violations. Some businesses, including businesses and other businesses, may need a drug test as part of the pre-employment process. In this type of situation, a drug test may be done once after an extension of a job offer. Yes. Even if you are in rehabilitation, your employer still has the right to test you for drugs to make sure you comply with the program. Generally, there is no requirement in the United States for a person to undergo a drug test before becoming a paralegal. In addition, there is no ongoing requirement that a paralegal be tested for drugs throughout their career. With this in mind, there may be certain situations or employment positions where drug testing may be a prerequisite for the paralegal.
State laws vary as to what steps you can take. However, there are some recourse methods that can help you question the results. If you are a member of a union, you may file a complaint about your dismissal that calls into question the accuracy of the test. You can contact your State Labor Department, a private attorney, or contact one of the following attorneys for help and information: Urine is the most commonly used sample for testing drugs, but blood, breath, or other samples can also be used. Hair can also be used to test medications. Hair tests are becoming increasingly popular and have been accepted by the courts as an acceptable way to test drugs. Drug residues remain in the hair much longer than in urine or blood. Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with obligations to protect property, life, health and safety, and even the president are subjected to drug testing. The Supreme Court has ruled that while drug testing violates an employee`s privacy, it may be necessary to protect the health and safety of others.
Most state laws are similar to federal laws and generally maintain the legality of drug testing for state employees. The following seven states either the Medical Marijuana Act explicitly provides no protection, or the law is silent, and the state has a jurisdiction that has found no protection for workers for off-duty marijuana use. One example is Ohio`s Medical Marijuana Act of 2016, which specifically states that employers have the right to establish and enforce zero-tolerance drug testing policies. However, California is now facing legislation that prevents employers from discriminating against employees who are medical marijuana patients. I have a bachelor`s degree in political science and have just completed a law certification. I know it depends largely on the company you work for, its size, etc., but in your opinion, mandatory drug testing is common or not? And if so, what types of companies are most likely to do this? That depends. Many states require that there be reasonable suspicion in order to test an employee, and employers who have not met this requirement have been successfully prosecuted. However, state laws vary, and in some states, private employers are allowed to randomly test their employees, even without reasonable suspicion, provided this is announced in advance. Courts have generally ruled that no suspicion is necessary to randomly test current employees in occupations that pose a serious risk of bodily injury or property damage. Washington`s legal assistant here. No one I know has been tested for the drug. When I remember, our state bar said something similar to “Marijuana is still illegal at the federal level, so maybe not, but we can`t stop you.” According to federal guidelines followed by the State of New Jersey, an employer has the right to be tested for drugs if there are reasonable grounds to suspect that an employee is using drugs.
In some cases, the New Jersey Supreme Court has granted employers the right to randomly test employees. An example of this would be the control of an employee working in a hazardous work environment and in other cases where safety is a high priority. Some states have imposed restrictions on drug testing before hiring. For example, California does not allow a drug test until the candidate has received a job offer related to the successful completion of the test.