Drug Testing in the Workplace
Workplace Drug Testing Employee Rights and Concerns (Cont.)
Part 2 of 4 of is below. Drug detection times are on page
5, while drug testing cutoff levels are on page
6.
How Drug Testing in the Workplace is Conducted
Where and how workplace drug testing is conducted varies, by
law or no law. As a result, the summary below might differ for your
workplace drug test.
You'll submit a specimen from your body to a qualified individual or medical
professional, either inside or outside of your workplace, such as at a
clinic, doctor's office or drug-testing lab. Your specimen might be blood,
urine, saliva or hair.
Urine or saliva are typical, because they're the least invasive to collect.
But urine is the most typical at this writing. It's also the only specimen
approved by the U.S. Department of Health and Human Services. Subsequently
and to keep it simple, urine is what this article considers to be a drug-testing
specimen, unless otherwise stated.
To submit your specimen, you might be asked to change from your clothing
into a hospital-like gown, watched closely, steered into a dry room or
all, so you can't easily dilute or otherwise tamper with it. A "dry
room" is a place with no water readily available to dilute your specimen.
For example, it might be a restroom with the water supply turned off and
tinted water in the toilets.
Then your specimen will be tested according to a "drug cutoff level" established
for each commonly-abused drug. See Workplace
Drug Testing Cutoff Levels for more information.
Refusing to Submit to Drug Testing in the Workplace
It's your right to refuse to submit to drug testing in the workplace.
However, it's an employee right with no "teeth", as the end result
of refusal might be the same as if you failed a drug test. An employer
might take disciplinary action against you for exercising your toothless
employee right of refusal, such as firing or
declining to hire you.
That's because, under today's standards for random drug testing in the
workplace, you're essentially guilty of illegal drug abuse until proven
innocent, contrary to your rights granted by the "innocent until proven
guilty" principle of U.S. justice.
Consequently, you might be able to challenge the legality of
discipline for refusing to submit to drug testing in the workplace. Consult
a lawyer about that. In fact, it might be
a good idea to consult a lawyer before you
refuse, so you'll better know where you stand.
Employer Guidelines for Drug Testing in the Workplace
When conducting drug testing in the workplace or establishing related
policies, most Federal employers must follow the Model
Plan for a Comprehensive Drug-Free Workplace Program published by the
Substance Abuse and Mental Health Services Administration (SAMHSA). Some
Federal agencies might have modified the guidelines for their own use,
as did the Department
of Transportation (DOT) and Nuclear
Regulatory Commission (NRC).
Private-sector employers
must follow guidelines established by state
drug testing laws (or municipal equivalents), if they exist. Meanwhile,
the Drug-Free
Workplace Advisor by the U.S. Department
of Labor advises employers on how to design a drug-testing program,
based on SAMHSA's Model
Plan for a Comprehensive Drug-Free Workplace Program.
Regardless of which guidelines private sector employers
follow, they'd be wise to consult lawyers about
their policies for drug testing in the workplace. Otherwise, employers'
various interpretations of guidelines might make them more vulnerable
to employee workplace drug testing
lawsuits.
Private-sector employers with Federal-government contracts or grants,
might be obligated to follow the Model
Plan for a Comprehensive Drug-Free Workplace Program or guidelines
established by the agencies through which they have contracts or grants.
Next Page > Workplace Drug Testing
Employee Rights and Concerns (Cont.)
Drug Testing in the Workplace > 1 • 2 • 3 • 4 • 5 • 6
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