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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.
Vermont is a mandatory state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations and court decision that apply. The law (Title 21, Ch. 5 511- 520) prohibits drug testing except as specifically permitted.
No other school district in Vermont requires its teachers to undergo pre-employment drug testing, according to the Vermont School Board Association. State case law varies as to whether such testing is Constitutional, school Superintendent Tracy Wrend said during a school board meeting Monday.
Now, if the employee fails or receives inconclusive results, the employer will have to terminate the employee, rather than merely withdraw the job offer.
Vermont does allow for employers to drug test job applicants after a conditional offer of employment has been made. The state also allows employers to drug test current employees if there is probable cause/reasonable suspicion. However, random testing is absolutely prohibited.
The FTE calculation shall be based on a 40-hour work week. No more than one FTE may be assessed against an individual employee, regardless of the actual number of hours worked by that employee during the calendar quarter.
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.
Vermont does allow for employers to drug test job applicants after a conditional offer of employment has been made. The state also allows employers to drug test current employees if there is probable cause/reasonable suspicion. However, random testing is absolutely prohibited.
Drug testing and your rightsYour employer may decide to test employees for drugs. To do this, however, they need the agreement of employees. This should normally be given where your employer has grounds for testing you under a full contractual occupational health and safety policy.
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.