Drug testing is a common practice in the workplace, so you should be aware of how it works and what your rights are. There are three main methods by which drug tests can be performed:
Random drug testing:
This means that an individual may or may not undergo random drug testing, depending on his/her job.
Pre-employment testing:
If an employer suspects that you have used illegal drugs during the time you were applying for employment, then they will offer you a pre-employment test. You will be asked to take a urine sample at a certain point in time. The company will send the sample to a laboratory where it will be analyzed for illicit substances and you could face disciplinary action if positive results are found.
Post-employment testing:
If you are already employed and the company suspects that you have used illegal drugs while working there, then they will conduct post-employment drug tests. They will ask you to submit a urine sample at a specific point in time. The company will send the sample to a lab and analyze it for drugs. It’s important to understand that you don’t have to take this test, but if you do choose to, then you should be aware of the consequences.
There are two different types of drug testing:
Urine testing:
In urine testing, a person will give up a urine specimen. The specimen is sent to a laboratory, where it is tested for drugs. A negative result does not mean that the person did not use any drugs; however, a positive result does indicate that they used them. Urine testing usually takes between one hour and 24 hours to get the results back.
Saliva testing:
In saliva testing, a person has their teeth brushed, allowing any residue to remain in the mouth after brushing. This type of testing is more accurate than urine testing because it can detect recent usage of drugs as well as long-term usage. Because it is more accurate, some companies now prefer saliva testing over urine testing.
A blood test is also possible, but it is much less likely to be done. Blood testing requires specialized equipment and highly trained personnel, so it is often reserved for cases where urine testing has failed to reveal evidence of drug use.
People are also using regional drug testing laboratory for any kind of drug testing which they want to do with anyone. These laboratories have made it easier and people also don ‘t have to wait for two or three days as they will give results in two to three hours which is quite impressive for everyone. As people don’t have to waste their much time in visiting these laboratories.
The following sections provide information about the most popular drug testing methods and include links to relevant websites with further information.
Random drug testing
With random drug testing, an employee doesn’t need to go through any special procedures before taking the test. However, because he or she might have to wait until a specified time period to receive the results, some employers will require employees to come into the office for the test. Others will send an email containing instructions and the test kit to the employee.
In addition to the above, the employee must sign a form stating that he or she understands the rules and regulations of the drug testing program. Then, the employee will take the test according to the directions provided.
If the employee fails to pass the test, he or she will be given a second chance. Depending on the situation, the employee may be able to keep his or her job, or he or she may be terminated from the company. Some employers may allow employees who fail the test to retake it later, while others may allow employees to appeal the results.
Pre-employment drug testing
If an employer suspects that you have used marijuana or other illegal drugs during the time you were applying for employment, then he or she will make you take a drug test to prove otherwise. Employers may perform these tests at various times, including when you apply for employment, during the interview process, prior to starting work, and after completing a probationary period.
Your rights depend on the circumstances surrounding the drug test. For instance, if you took a drug test without first receiving notice that you would be required to do so, then you would have grounds for appealing the results. If your employer didn’t follow proper procedure, then you could file a lawsuit against him or her.
If you fail the drug test, you may face termination. However, if you are a new hire, then you may still be allowed to stay on. The company may try to find another position for you within the company, or it may let you resign instead.
Post-employment drug testing
Some employers may perform a drug test as part of their standard procedure, even though they had no reason to suspect that an employee was using illegal drugs.
However, if your employer suspects that you have used illegal drugs, then he or she will schedule a post-employment drug test. In this case, the employer will ask you to submit a urine sample immediately upon completion of your last shift. He or she will then send the sample to a lab, where it will be tested for drugs.
You may want to talk to a lawyer about whether you can decline to take a post-employment drug test. If you think that the test is unfair, then you may be able to refuse to take it. However, if you choose to take the test, you may be subject to disciplinary action if you test positive.
How drug testing affects your rights
As stated earlier, your rights depend on the reasons why you are being drug tested. If you believe that your employer is testing you because he or she believes that you have previously used drugs, then you should contact an attorney as soon as possible. Your attorney will be able to help you determine whether you have grounds for pursuing legal action.
If you were randomly selected for a drug test or if you were required to take the test as part of your application process, then you probably cannot sue the company. Furthermore, if you are required to take a drug test as part of your employment contract, then you may not be able to sue your employer even if you believe that the test was unfair.
