Can My Employer Drug Test Me?
If you’ve ever started a new job, chances are you’ve signed a contract of employment. Those contracts can include drug testing clauses. Each company is different, so the likelihood of testing, the frequency, and specific tests used can vary widely.
The legalities behind such tests also vary. The two legally accepted methods are random drug testing and reasonable-suspicion testing. Random drug tests often incite feelings of fear and mistrust. Reasonable-suspicion testing can also lead to these feelings, even when the employee in question know they have not done anything wrong.
This blog will discuss whether your employer can conduct tests to determine if you have been using drugs. For further advice or to order a test, give our friendly and helpful team at ReliaLab a call.
Why Would My Employer Want Me to Do a Drug Test?
Sometimes these are mandated by insurance companies or management higher up within the business. They can be regular or random. Mostly drug tests are required for safety sensitive workplaces like workshops or construction sites, but can be used in any type of employment.
They are often used to screen potential employees prior to employment. Legally these tests can only be done after a contingent offer of employment has been made.
Drug tests are also used to prevent costly accidents from occurring in the first place, keeping employees from performing safety-sensitive duties if they’re under the influence. Drug tests are also used when employees are returning to work when on probation for a drug-related crime.
What Tests Can They Do?
The methods used to do drug testing can vary, depending on the provider and what they’re testing for. They can include breath alcohol tests, mouth swab drug and alcohol tests, and hair follicle drug tests. Urine and blood drug and alcohol tests are also commonly used.
Is it Legal to Drug Test Employees?
The legalities depend on the state you live in. Some states require written policies regarding employee drug testing, and some have no testing laws. Tennessee, for example, has no laws that regulate or require drug testing for private companies.
However, this isn’t to say an employer in Tennessee can test any employee for any drug at any time. It’s important to consider privacy and trust issues. Employers must always maintain confidentiality in addition to complying with state laws.
Can Drug Test Give a False Result?
Sometimes drug tests can pick up a positive reading, but for a lawful reason. False positives can be attributed to legal use of prescribed medications, and even over-the-counter medicines like cough suppressants and sleep aids.
Commonly prescribed medications that can lead to a false positive include anti-depressants like Prozac and Zoloft, ADHD medication such as Ritalin, and antibiotics used to treat urinary tract infections, sinus infections, pneumonia, and more.
Need a Drug Test for Your Company?
We hope this article has been helpful for you to understand why an employer may require a drug test. At ReliaLab we work to ensure safe and drug-free workplaces throughout Nashville and across the US.
To find out more information or to book a test, contact us via the form below.
