Should You Consent to a Pre-Employment Drug Test? |
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.jpeg) You’re applying for a job and the employer asks you to take a drug test. Should you consent to one? What are your rights? Many employers are requiring job applicants to take a drug test. What was once reserved for jobs in transportation and other safety-sensitive industries regulated by federal agencies like the FAA and the Federal Highway Administration has now crept its way into corporate pre-employment screening. Many companies have adopted drug testing for a number of reasons: - Workers' compensation discounts. Some states give employers a discount on their workers' compensation insurance premiums if they take proactive measures to ensure a drug-free workplace.
- Preventing legal liability. Companies want to insulate themselves from legal liability should a worker “under the influence” injure another while on the job. What’s more, OSHA and state occupational safety laws prohibit workplace drug and alcohol use.
- Enhancing productivity. Workplace studies have revealed that drug and alcohol abuse cost employers an estimated $80 billion annually in lost productivity. Workers who use drugs are 300 percent more likely to show up late for work, 350 percent more likely to suffer a workplace accident, and 500 percent more likely to submit a workers' compensation claim.
Should you take the test? If you want the job bad enough, you’ll take the test. But some companies will insist you take the test with your initial job application. This is a red flag. There’s no reason to take a drug test this early in the process. I would wait until after the first or second interview, and after you’re on the very short list of candidates. It’s bad enough the company will make you feel like a criminal with a supervised urine test or an invasive and possibly dangerous blood test (people have contracted diseases due to sloppy precautions by assembly line drug testing facilities). And mistakes have been made in terms of false positives. What are your rights? - Disability Discrimination. If you’re disabled and need certain doctor-approved medications, you are protected from discrimination by the Americans with Disabilities Act (ADA). Prescribed medications (like opiates) that may fall into the “illegal” category can show up on drug tests. If you’re turned down for having a drug in your system that’s been legally prescribed for your disability, the employer may be liable.
- Race Discrimination. If you’re in a racial minority and the employer singles you out for drug testing, you could file a discrimination claim. Only applicants for safety-sensitive jobs can be singled out.
- Procedural Violation. Some states will only allow drug tests to be administered after you’ve received an offer of employment. Other states mandate that employers provide written notice in their job postings that a drug test will be required. Both make sense.
- Invasion of Privacy. If you’re asked to take a urine test or disrobe in the presence of another, you may have grounds for a violation of privacy.
- Medical Marijuana. You’re generally out of luck on this one. While over a dozen states allow residents to use medical marijuana with a written doctor's authorization, the law only applies to criminal prosecution, not to the workplace.
Taking a pre-employment drug test is acceptable in some situations and with some caveats. If you have any thoughts on the matter, include them in the comments section.
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Comments
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Posted by: Alex Kecskes
Thanks for your comment, Hyun
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Posted by: HyunT
It all depends on the test and your usage. Most people will tell you about 30 days, however, if it's a urinary drug test you can generally pass any drug test using one of the many cleansers, or home cleansing methods posted online.Do your research and consider buying a home test to see where you're at before the live one.
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