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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.
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.
The US Department of Transportation recommends that you always comply, then complain. Even if you don't agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.
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.
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.
Common excuses for failing a drug testIt must have been something I ate.I kissed my boyfriend after he smoked a joint.My dentist gave me something strong for a sore tooth.I ate a lot of poppy seed muffins for breakfast.I failed because of second-hand marijuana smoke.More items...?
The new DOT waiver allows employers to forgo drug testing for drivers who were in a testing program within the previous 90 days.
According to the Equal Employment Opportunity Commission, if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.
(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.