It is now commonplace to issue drug tests to new candidates for jobs. Companies are relying on funding, grants and financial aid more than ever, and many of these programs require a drug-free workplace at all times. Even those who do not receive any funding conduct tests to make sure that they will not be introducing someone to the team who might become a liability. Sometimes they are administered not as a screening method for candidates but as a routine check, whereby a positive result would simply result in a course of therapy and counseling before the commencement of the employment. There are strict rules regarding the administration and handling of these tests, and companies should seek independent advice on how best to organize the testing so that there is no risk of discrimination or invasion of personal rights.
Some of the laws and rules regarding the employment drug test
One thing that is standard throughout most, if not all of the states is the fact that tests on current employees must be carried out as a random check, rather than just a response to suspicion about the habits of a single employee. The laws surrounding these drug tests are very precarious, and there are still many gray areas of law that continue to be argued in courtrooms across the country. A company can only test for certain elements in a person’s urine, and cannot test for specific genetic features such as gender. This can sometimes leave the company open to the risk of the submission of synthetic urine samples by candidates and employees, but testing technology is getting better all the time in an attempt to solve this issue.