New Mexico Drug Testing Policy Disclosure and Consent Form
Description
How to fill out Drug Testing Policy Disclosure And Consent Form?
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FAQ
Employees may refuse to take a workplace drug test but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job.
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.
The new DOT waiver allows employers to forgo drug testing for drivers who were in a testing program within the previous 90 days.
A single owner operator driver must be in a consortium. The consortium is a grouping of owner operators and other companies combining all drivers into one testing pool. A company with 2 drivers or hundreds can be in a consortium pool for DOT drug and alcohol testing.
(a) As an employee, you have refused to take a drug test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
Generally, random drug testing is not allowed, except in narrowly defined instances. Testing following a serious workplace accident is allowed. There may also be local (city) ordinances. California employers should review any regulations for their city as well as their industry.
A drug screening consortium is an association of companies or groups of employers that join together, as a single entity, for the purpose of Department of Transportation (DOT) drug and alcohol testing of its members. The member companies add their employees to a combined random testing pool.
You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.
Refusal to take a drug test can result in termination of employment, and refusal to take a court-ordered screening could result in legal charges.
