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While there is no requirement to notify an applicant in advance of a drug test, he or she is free to refuse to submit to it.
No matter what kind of job you have, the employer can make you take a drug or alcohol test, without prior notice, if: They have reason to think that you are under the influence of drugs or alcohol at work.
Given the risk of litigation exposure, employers should steer clear of any random drug tests of current employees, unless the employer is confident that federal law authorizes the random drug test or unless the employee is truly performing a safety-sensitive role.
For example, California allows a drug test only after the applicant has received an offer of employment conditioned on passing the test. In other states, employers that drug test are required to provide written notice or indicate in their job postings that testing is required.
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.
As an employee, you can always refuse to take a workplace drug test. But, if you are fired because of your refusal, you may have little recourse. (In fact, in some states, you might be denied unemployment benefits if you are fired for refusing to take a drug test.)
HIPAA stipulates that covered entities must provide HIPAA-compliant authorization before releasing drug and alcohol test results. Collection facilities or labs employed for the drug test will typically have an authorization form.
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.
Taking aspirin before the drug test is a common method of falsifying results. The chemical compounds of aspirin are known to have properties that can mask drugs within the urine, making this a popular method.