Employee Drug Testing

By Joseph Devine

The work environment is able to function with a little thing we call trust. Employers do not know when they can trust whether or not an employee or future employee is capable of coming into work under the influence or capable of influencing his or her habits on other employees.

However, some employers abuse this power and are not aware of the legal consequences of performing illegal and unnecessary drug tests. When an employer does such an act, it then becomes hard for the employee to trust the employer and how her or she uses authority.

Employers are required to give any applicants or employees written notice of drug testing that may take place within the duration of their employment. The same notice is also supposed to mention specific non-prescription medications that may yield a positive result in the testing process. Drug testing, under some laws, can also only take place in job environments where safety or security is a prioritized concern.

Employers who have more than 15 employees working for them must abide by the Americans with Disabilities Act or ADA. The ADA is a federal act that protects Americans with disabilities from being discriminated against. Since many people with disabilities are under medication that may yield positive results during testing, he or she may need to undergo a different procedure.

Unfortunately for some, employees may be denied certain benefits or compensation after traces of drugs have been found in their system. Even if you were injured or sick and required medication that yielded positive test results, you may still be denied benefits or compensation, including unemployment. Some employers have charged employees with drug testing fees when the employer is required to pay the fee.

Some laws prohibit employers from severely disciplining employees who have tested for drugs or alcohol for the first time. Other laws can prohibit employees from implementing random drug tests. You can find out if it is legal for your employer to perform random drug tests in your area by contacting a lawyer.

Testing must also be done correctly and may involve hair analysis, blood analysis, saliva and sweat analysis, urine analysis, or blood analysis. Because testing is done in these manners, federal health concerns require most employers to abide by the Substance Abuse and Mental Health Services Administration (SAMHSA).

If you would like legal information on drug testing in the workplace and your rights as an employee, contact the Houston employee drug testing lawyers of the Ross Law Group.

Joseph Devine

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The practice of randomly drug testing prospective and current employees is a highly debated issue. Many people align themselves with employers and argue that employees should not be taking performance altering drugs, because it could compromise output and safety. Others side with employees who argue that random drug testing is a violation of personal privacy.

Opponents

Many civil liberties organizations, such as the American Civil Liberties Union (ACLU), argue that pre-employment and random drug testing is a violation of a person’s privacy. If their performance is satisfactory and there is no reason to suspect drug abuse at the workplace, they should not be subjected to testing.

According to some statistics, the low-quality drug tests that most employers administer are prone to showing false positives. It is estimated that approximately 10% – 30% of positives are false.

Additionally, opponents argue that drug testing does not indicate when an employee was under the influence of drugs, only that drugs are present in the employee’s body when the urine test was administered. This means that an employee could come to work stone-cold sober every day but still test positive on a drug test. In the eye of opponents, this is a flawed method of determining impairment.

Proponents
Supporters of drug testing argue that they have the right to know whether or not their employees are taking drugs because an “altered” employee may compromise safety and output. According to proponents, statistics indicate that employers lose thousands of dollars each year because of substance abusing employees. While the extent to which this is a problem is controversial, there is no doubt that this is sometimes the case.

Additionally, employers argue that they would be the ones who face persecution and liability if workplace safety was compromised by a “high” employee. This is especially relevant for employees who are directly responsible for the safety of others. Pilots and bus drivers, for example, should be tested more frequently in order to ensure they are not going to compromise the public’s safety.

Laws by State

While federal does not prohibit drug testing, many states have ruled it unconstitutional to randomly test state employees. In addition to state employee unions, many people are filing suit against private employers.

Opinions about drug testing vary significantly across the nations; however, one thing remains certain-drug testing should be conducted in accordance with the Mental Health Services Administration (SAMHSA). If your employer has failed to meet the SAMHSA standards, they may be liable for discrimination.

For more information about unlawful drug tests, contact the San Antonio employment lawyers of Melton & Kumler, LLP today.

Joseph Devine

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