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Employees and applicants have the right to refuse to undergo employer-requested drug testing. However, depending on state laws, employers may have the right to terminate employment based on a refusal to consent to a drug test.
California courts have upheld an employer's right to require potential employees to pass a drug test as a condition of employment. The only stipulation to this is that employers must require testing on all perspective employees.
Can Independent Contractors Get Drug Tested? Drug testing independent contractors is allowed if you have a clear policy in place stating your intent to drug test, when you will drug test, and your policy for using substances during work hours (i.e. that it is not allowed).
The drug and alcohol testing consent form is used by employers to screen applicants and employees for drug and/or alcohol use.Within the form, the employee gives the employer permission to test their urine, hair, blood, or any other physical sample for indicators of substance abuse.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 81) is an act of the United States which requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.
Pre-employment screening can be more straightforward than screening for existing staff, Phillips said. If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. There may be more steps employers must follow for current employees.
Lack of informed consent in clinical testing In many cases, such as trauma or overdose, explicit consent is not possible. However, even when substance abuse is suspected and the patient is able to provide consent, clinicians often order drug testing without the patient's knowledge and consent.
Drug testing and your rightsThe policy should be set out in your contract of employment or in the company handbook. Your employer should limit testing to the employees that need to be tested to deal with the risk.
Generally, employers can require a drug test as part of a physical exam, but not more than once a year. At most jobs, the employer has to give you 2 weeks written notice that you will be tested.Drug and alcohol tests can be done without advance warning (randomly) for employees in safety sensitive jobs.