Most job applicants and employees will have to take a drug test at least once in their careers due to various reasons. From the perspective of the employer, employers that use illegal drugs have decreased productivity, can endanger the safety of themselves and other workers and can cause other negative factors.
At the same time, most employers conduct pre-employment drug testing procedures so that they can protect themselves against any liability that could happen due to intoxication. The question is whether post-hiring and pre-employment screenings are legal especially random drug tests.
You can visit test clear review website so that you can determine which drug test is the best for your specific needs. But let’s start at the beginning.
Pre-Employment Drug Test
We should consider a few exceptions, but private employers can require new and potential candidates for employment to pass a drug test as the condition for employment. Prospective employees will have the right to decline to test, but refinement can cause the decline in a job offer, which is not something that we would recommend per se.
Pre-employment drug testing doesn’t have to be justified because the employer already has justification in need that he shows concern and wish to have a drug-free workplace. This is a full justification that will allow an employer to conduct drug tests as a hiring process and the law agrees with him all the way.
If you are a union member, they won’t ask you to participate in any drug testing, unless it says specifically in your union contract. Even though the U.S. Constitution doesn’t protect private-sector employees due to the law of privacy, some states have laws that will limit employers’ rights to subject workers to drug testing.
Check here for online version of the U.S. Constitution.
What Happens With Drug Testing During Employment?
Many states all across the USA have laws that will limit the conditions under which employees can conduct a drug screening for existing employees. Generally speaking, employers have to justify drug test and find a solid reason that will tell the law that everything goes because something happens.
For example, it can happen due to business necessity, if you think that someone interferes with safety or in response to suspicion. You should have in mind that it varies from state to state, but employers can efficiently screen their employees for illegal drug use under these circumstances:
- If the employee has a history of drug abuse and it goes to a drug rehabilitation program or completed it, so you have to make sure that he/she is clean and sober.
- If the employee poses a safety risk to him, others or yourself.
- If you have a reasonable suspicion that employee has been using illegal drugs due to physical evidence or recent behavior
- If the employee was involved in an accident due to the doubt that he/she was under the influence.
Federal and state regulations mandate that employees in specific professions have to submit to drug testing such as people who use heavy machinery, pilots, truck drivers, and any public drivers. If you do not have enough information about your occupation and drug testing requirements, you should find a way to research online or to contact some attorney who knows things about it.
After 1988, when Drug-Free Workplace Act entered the scene, it created a mandatory drug testing guidelines for federal employees such as uniformed services, executive agencies, and federal contractors. Federal agencies have to conduct drug tests based on procedures that SAMHSA (Substance Abuse and Mental Health Service Administration) created and set forth.
You can visit SAMHSA website: https://www.samhsa.gov to check latest news and actions that happened in thh USA.
Invasion of Privacy
Even though in the USA exists the law that regulates violation of employees’ privacy, it is challenging to defend against drug testing policies by using this particular argument. That is because drug testing doesn’t violate individual rights based on the policy.
For instance, the U.S. Supreme Court has stated that positive drug test results cannot be used without the consent of the employee. At the same time, a drug test can challenge constitutional grounds if someone uses the results without asking the subject first.
If your employer conducts a test in a way that will disrespect your rights, then you have a case against excessive rights. Otherwise, you won’t be able to do anything. Even though 16 states have passed laws that allowed the use of medicinal marijuana, employers in those states don’t have any law requirement, so they can fire employees that fail the drug test.
Since the federal government doesn’t think that marijuana is legal, but only state laws create this particular constitution, as an employee, you can be fired for using medical marijuana, even if you are not under the influence of the drug during business hours.