What should you do if an employee refuses a drug test?
Generally speaking though, if your state allows you to drug test your employees, you can terminate them if they refuse to take a drug test. Moreover, like the DOT, you can stipulate what warrants a refusal to test. As previously mentioned, you need to have the refusal to test guidelines specified in your drug testing policies and procedures.
How often does an employer have to do drug testing?
In the case of a pre-employment testing, employers may have to also test the same candidate after the employment offer has been made to promote consistency. Meanwhile, a random drug testing could be done unannounced every year, with candidates are randomly chosen by a computer software.
What is the role of HR in drug testing?
It is important to consult first with an HR or an attorney to clarify your limitations in terms of drug testing candidates or employees to avoid any legal issue. The policy should be clearly defined. It is best for employers to review their drug testing policy and to make sure that it is written in a clear and concise manner.
Is it legal to randomly test employees for alcohol?
Random testing is prohibited in Connecticut, Rhode Island, Vermont and the cities of San Francisco and Boulder. Random alcohol testing is an issue under the ADA and not recommended, he said. Post-accident testing should only focus on nontrivial, serious accidents and is particularly suited for safety-sensitive employees, Kaplan said.
Generally speaking though, if your state allows you to drug test your employees, you can terminate them if they refuse to take a drug test. Moreover, like the DOT, you can stipulate what warrants a refusal to test. As previously mentioned, you need to have the refusal to test guidelines specified in your drug testing policies and procedures.
Can a company make you take a drug test?
A few states prohibit employers from random drug testing, but allow testing in other situations. In these states, an employer might need to have a reasonable suspicion of drug use, or it may be allowed to test only employees in safety-sensitive positions.
What kind of drug test do employers use?
Employers that drug test typically use a five-panel screen that includes amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP). Some employers, however, have dropped marijuana from the panel.
Do you have to have a reasonable suspicion to take a drug test?
In these states, an employer might need to have a reasonable suspicion of drug use, or it may be allowed to test only employees in safety-sensitive positions. To find out what your state allows and prohibits, select it from the list at State Laws on Drug Testing.