Pre-employment drug screening is a standard procedure for some industries. Keeping employees free from illegal drugs and abused prescription medications is important for safety reasons, such as when handling heavy machinery or patient care.
But, implementing fair drug testing policies can be tricky due to local, state, and federal laws. Understanding pre-employment drug testing can help you create a better hiring process.
Legality
Many states and localities have enacted laws that regulate workplace drug testing. These often specify when employers can perform tests and the procedures that laboratories must follow. Some of these laws also provide protections for applicants. For example, asking a candidate to submit urine or blood samples in front of others may be considered an invasion of privacy.
Pre-employment drug testing is legal if the employer seeks to improve company productivity and safety by ensuring that all workers are sober. Tests are especially important in positions requiring workers to operate machinery or interact with patients, such as healthcare professionals, social workers, and truck drivers. Some occupations are subject to additional restrictions imposed by state or federal regulations, such as work in a regulated industry or jobs that involve operating aircraft, ships, locomotives, mass transit systems, or pipelines.
However, it’s important for hiring managers to be careful not to single out candidates for drug screening just because they look or act like they’re under the influence. Many physical symptoms associated with intoxication, such as slurred speech and disorientation, can be caused by serious medical conditions or disabilities. The ADA protects these individuals, and singling them out for tests or disciplinary action could violate these laws.
Requirements
A drug test can be a critical step in the hiring process, especially for jobs that require a great deal of driving or operating heavy machinery. Employees under the influence of drugs or alcohol can be dangerous to themselves and others. They are also likelier to miss work, make more mistakes, and file compensation claims.
Most states have laws governing how employers can conduct drug testing during employment. Employers must generally have a written drug testing policy and notify candidates that they may be tested. They also must give candidates a chance to challenge the accuracy of their results.
Urine tests are the most common type of pre-employment drug screening. They look for five categories of drugs, including amphetamines, cocaine, marijuana and opiates. Other tests can include hair, breath, sweat, and saliva samples. Depending on the sample, these tests can detect illegal drugs within a certain timeframe.
Before you take a drug test, let your employer know what medications you are taking. Legal medications can cause a false positive for some illegal substances. For example, if you’re on prescription pain medication, you could be flagged for opium use even though you’re taking only a legitimate amount. It’s a good idea to disclose any prescription drugs you take so your medical condition won’t hinder your job search.
Types of Tests
In addition to the standard urinalysis, some employers use other tests such as saliva, blood, and hair. A urine test is usually the most common, as it’s inexpensive and relatively quick to produce results. However, a urine test only detects drugs in the person’s system at the time of testing. Drugs like marijuana can remain in a person’s system for several days, resulting in a false positive. Blood and hair tests are more expensive but can provide more information about past drug usage.
A hair test can detect traces of some substances for up to 90 days. This type of test can be useful for detecting chronic users of certain drugs, such as heroin or PCP. It is also more difficult for employees to cheat or manipulate a hair test, as the sample must be taken directly from the person’s scalp.
Employers can also test current employees for drug or alcohol abuse, known as random or periodic testing. This is often a condition of employment in safety-sensitive positions. For these tests, supervisors must document specific behavior that could indicate drug or alcohol abuse and request a probable cause test. The employee must consent to the test and, under the Fair Labor Standards Act, must be paid for the time spent undergoing the test.
Results
When drug test results come back, employers and candidates can view them within one to three days. Typically, urine tests are the most common but may require saliva, blood, sweat, or hair samples. A urinalysis usually screens for marijuana, cocaine, amphetamines/methamphetamines, PCP, and opioids, with the option for employers to include additional substances. While it is not required by law, a urinalysis test is often mandated by federally-regulated companies and for safety-sensitive positions such as truck, bus, taxi drivers, airplane pilots, and railroad workers.
While it is rare for someone to fail a drug screen, there are many ways that people can falsify a result. If you know you will take a drug test, disclose any medications you might be taking or monitoring with a doctor. You could be penalized under state and federal hiring laws if you are dishonest.
Pre-Employment Drug Testing is necessary to ensure that companies hire safe and healthy workers. It can help lower turnover rates, decrease in-office theft, increase productivity, and improve overall morale. Although it can be time-consuming, most experts agree it is worth the effort for both the applicant and the employer. If you have questions about drug testing or how to navigate the process, a knowledgeable attorney can provide legal guidance.
