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The constitutional right to privacy almost universally prohibits random drug testing in California. For most jobs, an employer must give notice to all current and prospective employees before a drug test.
Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.
For any pre-employment drug test, they do not watch unless it's a super serious position in hard labor or government. Bear in mind, this is just for job which you're applying for voluntarily.
Here's the simple answer: Yes, you can say no to a drug test. However, the consequences could be far worse than simply taking it. According to Nolo.com, most people feel drug testing is unfair, which is why their initial reaction is to say no.
A drug test consent form is the document you must present to an employee or prospective employee in advance to test for illegal drugs and alcohol. When an individual signs the form, it allows a healthcare worker to obtain a sample from them and a lab to share those results with you.
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.
Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.
Now, if the employee fails or receives inconclusive results, the employer will have to terminate the employee, rather than merely withdraw the job offer.
A doctor should not take any sample without getting the 'informed consent' of the person being tested but nowadays most samples are not taken by doctors, and technicians working for a drugs testing company are not covered by the same ethical framework.
If it's the first time you've failed workplace drug testing, it's likely you'll receive formal counselling and a warning that a future recurrence will result in additional consequences that may include termination. In addition, some organisations may provide support to help you with your drug issues.