As mentioned, drug abuse tests can be used to identify or disqualify a potential job candidate. Employers should check if there is a reasonable suspicion of illegal drug use. If the employer conducts a reasonable suspicion test, the employer must provide a written report of the circumstances that led him to suspect the employee of drug use. The employer must maintain the confidentiality of this information and provide a copy of this documentation to the employee upon request.
If there is “reasonable suspicion” of drug or alcohol abuse, such as abnormal behavior or decreased productivity, employers can conduct drug tests on individual employees. Employers can require employees who have completed drug detoxification programs within the past two years to take customized “additional” drug tests. If the employee enters the rehabilitation center voluntarily, rather than after getting a positive result, the test is not required. The test will help clarify whether drug use is the main cause of the accident.
The 1991 Federal Transportation Inspection Act requires testing for alcohol and prohibited controlled substances (eg, amphetamines, cannabinoids [marijuana], cocaine, opiates, and / or phencyclidine [PCP]), hereinafter referred to as “drugs,” for employees who must have a Commercial Driving License (CDL) as a condition of employment. Of course, state laws differ when it comes to taking a drug or alcohol test in the workplace, or as a pre-hiring screener (which is why we created our easy-to-read spreadsheet). Many applicants are able to stop using drugs for a short period of time and may be tested with other testing methods with shorter detection windows.
However, variations exist, such as the 4-panel drug test, which tests the above drugs with the exception of amphetamines, or the 6-segment drug test, which tests the above drugs plus barbiturates. Requirements include:
– A list of all drugs that the employer will test, with generic brand names or names as appropriate, and chemical names.
– A list of all drugs that the employer will test for, indicating the trade or common name, as the case may be, as well as the chemical name.
Testing is permitted with written notice to the applicant after a conditional job offer has been made and if the test is part of a physical pre-hiring. In accordance with Government Decree 12564, federal employees working on national security, law enforcement, life and property protection, and public health are subject to mandatory drug testing.
Many states today have the legal right to screen their job candidates for drugs and alcohol if the person knows that the procedure is actually part of the application process. So the likes of wake forest drug form an integral part of the recruitment process. However, some Florida offices do drug testing when they are hired. The recruitment process involves collecting biological samples from doping candidates. Test types include pre-use (drugs only), accidental, reasonable suspicion, and post-accident.
The Current Consulting Group provides extensive information on the laws in each state that affect drug and alcohol testing in the workplace at CurrentCompliance.org. With so many states (34 at last count) legalizing medical and / or recreational marijuana, the pros and cons of drug or alcohol test candidates have become a hot topic.