Today, being exposed to drug testing in the workplace is as routine as filling out a job application. Drug testing in the workplace is up 277 percent from 1987! Despite the fact that drug testing in the workplace is unfair and often inaccurate. It is also unproven as a means of stopping drug use.
But because there are few laws protecting our privacy with drug testing in the workplace, millions of American workers are tested yearly. This is even though they aren't suspected of drug use.
Employers have the right to expect workers not to be high or drunk on the job. But they shouldn't have the right to require employees to prove their innocence by taking a drug test.
That's not how America should work with regards to drug testing in the workplace.
Drug testing in the workplace with some exceptions for certain employers in industries that are heavily regulated by the federal government (such as transportation, nuclear energy, and military contracting), federal law does not have much to say about drug testing. Many states, and even some local governments, do regulate drug testing.
Often, the rules depend on whether the employer wants to test an applicant or an employee. Testing applicants generally speaking, state laws typically allow employers to test applicants for drugs. However, the employer must follow the state's rules about providing notice and following procedures intended to prevent discrimination and inaccurate samples.
For example, a number of states allow applicant testing only if:
The applicant knows that such testing will be part of the screening process for new employees for example, because the job application said so or because the employer's online job posting stated that a drug test would be required. The employer has already offered the applicant the job, contingent on passing a drug test. All applicants for the same job are tested similarly. The tests are administered by a state-certified laboratory.
Today, most companies that intend to conduct drug testing on job candidates include in their job applications an agreement to submit to such testing. If, in the process of applying for a job, you are asked to agree to drug testing, you have little choice but to agree to the test or drop out as an applicant. Drug testing in the workplace has become more important to employers because of the safety importance of their employees and their companies. When testing current employees they have the right to refuse the test with the understanding there will be consequences to follow. Due to the employee, refusing the drug test in the workplace employees can be fired or put on probation until they take the test. Reasoning’s behind drug testing in the workplace is not only for the safety of their employees or the company it can also be done when the employer has a suitable reasoning of substance abuse or if there has been reports from other employees indicating substance abuse of another employee.
Ironically, workers in states that have laws regulating the timing and procedures of drug and alcohol testing may actually have more protections than those living in states with no testing laws. Employees living in such lawless states, for example, may generally be tested without advance notice.
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