Can You Decline A Random Drug Test?

Can my employer do a random drug test?

Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to.

This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test..

What is a good excuse for failing a drug test?

Top 10 Most Creative Reasons for FAILED Drug Tests [2016]“I was at a party over the weekend – can I retest later?”“I didn’t know the brownies I ate were laced with pot!”“I took some elephant tranquilizers. … “It must have been the tea that my wife gave me last night.”“My dentist gave me cocaine for my sore tooth.”More items…•

Does failing a drug test disqualify you from unemployment?

Here are some of the types of misconduct that might render an employee ineligible to collect unemployment benefits: Failing a drug or alcohol test. In many states, an employee who is fired for failing a drug or alcohol test will not be able to collect unemployment benefits.

How long does urine drug test results?

Drug test results typically take 24 to 48 hours, depending on the type of test being performed (e.g., urine, hair or DOT).

Can you fire an employee for suspected drug use?

When an employer determines an employee is impaired at work (by investigation, a drug or alcohol test, or an admission), employers may, subject to law, take action to discipline and even terminate an employee’s employment.

How often does the military drug test you?

Military Drug Tests at MEPS, Military Active Duty, National Guard. The Department of Defense labs tests 60,000 urine random samples each month. All active duty members must undergo a urinalysis at least once per year. Members of the Guard and Reserves must be tested at least once every two years.

What happens if you refuse a random drug test?

Certificates and licenses could be revoked, suspended or restricted if an employee refuses to take the test. Things are a lot different in non-regulated industries. There is actually no federal law that requires employees to submit to drug testing. There are, however, state laws that could apply.

Can you refuse a drug test?

Can a test be refused? David Dilger, an employment and safety lawyer, said any employer could insist on drug testing as a term of employment “as long as it’s reasonable”. He said the requirement to submit to random drug tests may not be explicitly stated in the wording of an employment contract.

Will failing a drug test affect future employment?

Drug testing is typically conducted prior to tendering an offer of employment. A failed drug test could result in the job offer being withdrawn.

Can an employer tell another employer you failed a drug test?

In summary, test results and other PHI from a drug test should not be disclosed to another employer or to a third-party individual, government agency, or private organization without the prior written authorization of the person tested.

What drugs do workplaces test for?

A typical urine drug test for employment purposes screens for drugs including amphetamines, cocaine, marijuana, methamphetamines, opiates, nicotine, and alcohol. Urine tests may be required as part of pre-employment screening or may be conducted randomly by employers, especially for employees in certain occupations.

Can you fight a failed drug test?

Some companies will allow strong candidates to retake a drug test. The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result.

Can a job drug test you without notice?

No matter what kind of job you have, the employer can make you take a drug or alcohol test, without prior notice, if: They have reason to think that you are under the influence of drugs or alcohol at work.

Do drug tests go on your record?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

What happens if drug test comes back positive?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

Does a failed drug test go on your background check?

What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.