Alex Is it legal to have random drug testing in the workplace?
Depending on the industry you work in, you might feel justified in supporting a policy of random drug testing—especially with the above figures in mind. But before you start testing employees left, right, and centre, it’s important you understand the processes and regulations. Laws on random drug testing in the workplace
Do you have to give consent for drug testing?
Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook. limit testing to employees that need to be tested not single out particular employees for testing unless this is justified by the nature of their jobs
What happens if an employee refuses to take a drug test?
If the employee refuses to take a test you may go down the disciplinary route, including terminating their employment—if necessary. Creating a drug and alcohol policy You should include this in your health & safety policy, which should make up either the employees’ contract or handbook.
Can a third person do a drug test on an employee?
If an employee is under the influence of drugs or alcohol and is dangerous for the health and safety of the other employees, the employer may, with the express consent of the employee, request that a breathalyzer or psychomotor test is conducted by a third person, or that a urine or blood test is conducted by a labour doctor.
Can you give an employee a drug test without consent?
As an employer, you should not give employees a drug test without having received consent. Samples of consent forms are available online and can provide a good starting point for the development of a drug test consent form that is suitable to your needs.
What’s the difference between a random drug test consent form?
For example, a random drug testing consent form will be different from one that provides consent for a one-time drug test. And, similarly, a pre-employment drug testing consent form will need to be different from one you give to employees for regularly scheduled drug tests.
Can a non-DOT regulated employee be drug tested?
This is a serious mistake because drug and alcohol testing of non-DOT-regulated employees is instead governed by applicable state and local laws. Those laws may prohibit certain types of testing that are required by DOT.
Can a company fire an employee for drug testing?
(Five states do not permit employers to fire an employee who tests positive for the first time.) 3. Not having a written policy. Many states do not have drug testing laws, and employers in those states often believe it is not necessary to have a written drug testing policy (for non-DOT-regulated employees).