To maintain drug-free workplaces, an increasing number of business owners are implementing drug testing programs. The question is – can your employer randomly drug test you? Do employers have to tell you if they drug test?

Read on and find out.

Can your employer randomly drug test you?

The short answer is yes. Your employer can drug test you. However, he should follow your particular state’s guidelines on providing notice and proper procedures to avoid discrimination and inaccurate samples.

Can a company test you without warning?

Generally, companies with an existing drug testing program inform job applicants that it is a pre employment requirement. So no, a company cannot test you without warning.

Although drug testing is legal, employers must tell the person concerned that it is a part of the screening process. It is the right of all applicants and employees. 

On the other hand, the employer will inform current employees selected for random drug testing the same day the test will be performed.

Additionally, be aware of your rights as a citizen of a particular state if your employer performs blanket drug testing. It’s because not all states allow it, even in the case of private companies.

Your employer should have a reasonable cause for doing a random drug test. For example, a misbehaving employee who also happens to be a pain to his coworkers is a candidate for drug or alcohol testing.

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How many times can a company drug test you?

According to the Substance Abuse and Mental Health Services Administration (SAMSHA), a company that has a drug testing program in place can test you in these circumstances:

  1. Pre employment
  2. Annual physical test
  3. Reasonable suspicion
  4. Post accident
  5. Post treatment

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How do random drug tests work?

As its name implies, candidates for this type of drug testing are randomly chosen using a computer-based random-number generator. This way, the selection will be free of bias.

The generator rolls out a random selection of employees each quarter (or depending upon the frequency chosen by the employer). The employer then informs the candidates the very same day. The selected employees are tested immediately after that.

What types of drug tests do they use?

In most cases, employers use the 5 panel urine drug test. On the other hand, private employers can choose to test as many drugs as they deem necessary. They can opt to use an 8 panel urine drug test cup, a 10 panel saliva drug test, or a 13 panel dip card.

If your test comes out negative, you’re free to go and resume your work. However, if it turns out positive, your employer (or the testing laboratory he commissions) will send your sample to a laboratory for confirmatory testing.

Can you refuse a random drug test at work?

Yes, you can refuse a random drug test. However, refusal to do so may cost you your job. Your employer can also fire you if you dilute or substitute your urine sample.

Employers can randomly test you if they have an existing, well thought out drug testing program that follows state laws. Otherwise, they’ll be liable to the legal entities. 

Want to know more about random drug testing or similar topics? Visit Ovus Medical Blog. We have a lot of information that can help you out.