If the person has used drugs during the detection window, the test will reveal a positive result. Some employers use blood drug tests to screen applicants or employees for illegal drug or alcohol use.
A sample of blood is drawn by a licensed phlebotomist and is then sent to a lab for testing. However, since this is very invasive, it is not used by most employers. Saliva testing is used by some employers since the applicants or employees can be observed throughout the collection process, making it difficult for the applicants or employees to dilute the results or adulterate them. Saliva can also be collected on-site at the workplace, which helps to reduce time and costs. Saliva tests detect recent use within a few hours up to three days.
Breath alcohol tests may be used when an employer suspects an employee may be impaired by alcohol on the job. Most employers ask for the following five substances to be screened on a pre-employment drug test:.
Some employers also request screens that test for additional substances. Blood or breath tests can be used to test for recent use of alcohol and might be requested after an accident or when an employee exhibits signs of alcohol impairment on the job. Other than in federally-regulated safety-sensitive industries, including nuclear energy, transportation, and military contractors, states are largely in control of laws governing pre-employment drug testing.
While these laws vary from state to state, most states authorize employers to conduct pre-employment drug tests as long as the tests comply with the state regulations. Some states also require employers to give applicants notice that drug testing will be required in their job advertisements. Even in states that allow pre-employment drug testing, there are several areas in which employers need to take care to avoid violating other federal or state laws to prevent potential liability claims.
Title VII of the Civil Rights Act of and state anti-discrimination laws prohibit workplace discrimination based on the protected characteristics of certain groups of applicants or employees. If you only test certain applicants based on their gender, age, race, color, national origin, sexual orientation, etc. You can avoid this problem by giving all applicants the same tests instead of only testing specific groups.
An applicant or employee who takes prescription drugs for a covered disability under the Americans with Disabilities Act may test positive on a drug screen, depending on the type of drug he or she is prescribed.
For example, if an applicant is prescribed opiates for a covered disability, he or she might file a lawsuit if a job offer is rescinded based on the test results. Applicants should be given the opportunity to explain or challenge drug test results if they will be used to make adverse job decisions. Employers are also not allowed to divulge the private medical information of employees to others in the workplace.
If an employer conducts drug testing in the workplace in a way that violates the privacy of its employees, the employer may face a lawsuit for invasion of privacy. For example, if an employee or applicant is forced to disrobe in front of others when performing a pre-employment drug test or an employment drug screen, the employee might have grounds to file a lawsuit.
Since state regulations and laws about employment drug testing vary and constantly evolve, employers should talk to attorneys if they have concerns about whether their drug testing programs and policies comply with all relevant laws. When you work with a trusted partner like iprospectcheck, we complete drug testing in a way that complies with all of the laws.
Before starting a drug-testing program at your company, you should research the federal and state laws and regulations to make sure that you comply with the requirements. Make sure to put your drug screening policy in writing in a policy that complies with any applicable federal or state laws. Make sure that this notice is provided to the applicant or employee in writing as a standalone form. After you have ordered a drug test, the applicant or employee will be sent an email asking for consent to be tested.
This form asks the candidate to authorize the administration of the drug screen. After an applicant or employee has provided consent, he or she will be given instructions for where to go to complete the test. Candidates are given a form that they must bring to the testing site together with a valid photo ID. Employees and candidates provide a urine, hair, or saliva sample at the collection site. They should be encouraged to bring any prescriptions that they currently take to reduce the risk of false positives.
A medical review officer will review the test results to ensure accuracy. Within one to three days, both you and the candidate or employee will be able to review the results. Candidates are generally only notified if their results are positive. If you decide to make an adverse hiring decision based on information from a background check or pre-employment drug test, you must follow the adverse action process under the Fair Credit Reporting Act before finalizing your decision.
If you test positive on a pre-employment drug test during the initial screening, your sample will be sent for confirmation testing.
If the confirmation test also reveals a positive result, a medical review officer will review the chain of custody of the sample and the results. Depending on the results, you might be contacted by the MRO to answer questions about any prescriptions you might take that might explain the positive test.
For example, if your sample tested positive for benzodiazepines, you might be asked whether you have any current prescription for this class of drugs.
An MRO might not contact you. Instead, you might first learn your results from a human resources professional at the company where you applied. Workplace drug-testing programs are designed to detect the presence of alcohol, illicit drugs, or certain prescription drugs. Drug testing is a prevention and deterrent method that is often part of a comprehensive drug-free workplace program. Both federal and non-federal workplaces may have drug testing programs in place.
Learn more about questions to ask when determining whether to conduct workplace drug testing. Federal agencies must use certified labs and follow other guidelines for drug testing. Learn more about drug-free workplace resources for federal agencies. Before beginning drug testing, ask the following questions and consider how they will affect your testing program. Be sure to address each question in your drug-free workplace policy. Tests may be done by a trained collector who visits your workplace to collect specimens, or employees may go to a certified laboratory.
Develop a system to protect the confidentiality of employee drug-testing records. Select a person within your organization who will be responsible for receiving employee drug test results, and make sure that the person is aware of confidentiality protocols.
Let employees know how drug-testing results can be used to inform their treatment, rehabilitation, and re-integration into the workplace.
Drug tests vary, depending on what types of drugs are being tested for and what types of specimens are being collected. Urine, hair, saliva oral fluid , or sweat samples can be used as test specimens.
In federally regulated programs, only urine samples are collected, although the Secretary of Health and Human Service has released proposed guidelines for the inclusion of oral fluid specimens.
Additional categories may include barbiturates, Benzodiazepines, ethanol alcohol , hydrocodone, MDMA, methadone, methaqualone, or propoxyphene.
Random tests are the most effective for deterring illicit drug use. Employers conduct random tests using an unpredictable selection process. You can make passing a drug test a condition of employment. With this approach, all job candidates will receive drug testing prior to being hired. You can test your employees for alcohol and other drug use as part of an annual physical examination. How is drug testing conducted and how accurate is it? Generally, most private employers have a fair amount of latitude in implementing drug testing as they see fit for their organization, unless they are subject to certain Federal regulations, such as the U.
While private employers are not required to follow these guidelines, doing so can help them stay on safe legal ground. Court decisions have supported following these guidelines, and as a result, many employers choose to follow them.
They also identify the five substances tested for in Federal drug-testing programs and require the use of drug labs certified by SAMHSA. An employee or applicant provides a sample to be tested. Usually precautions are taken, such as putting blue dye in the toilet and turning off the water supply, to prevent adulteration or substitution of specimens so that collection can be completed in privacy without any direct visual observation by another person.
The accuracy of drug tests done by certified laboratories is very high, but this certification applies only to the five substances tested for in Federal drug-testing programs and alcohol. In the event that the initial screen and confirmation test are both positive, MRO, a licensed medical doctor who has special training in the area of substance abuse, then reviews the results, makes sure the chain-of-custody procedures were followed, and contacts the individual to make sure there are no medical or other reasons for the result.
It is only at this point that the MRO may report a positive test result to the employer. Certain medications can sometimes cause a positive result. If this is the case, and a doctor prescribed the medicine and the employee used it in the proper amount, the test is reported as negative. Who is allowed access to the results of a drug test? The result of a drug test may be considered personal health information. This is why employees who undergo a drug test generally must sign a release usually at the time of the test in order for their employer to receive the results.
For more information about issues related to the release of health information, contact DHHS. There are a variety of circumstances under which an organization may require a drug test. Following are the most common or widespread:. What are the different methods of drug testing? There are a number of different bodily specimens that can be chemically tested to detect evidence of recent drug use.
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