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Do You Know Your Rights for Employment Drug Testing?

Starting a job within a new company may be delayed even if you are the best candidate for the job. Many employers today are requiring drug testing, background checks, and even fingerprinting before officially hiring someone new to work for the company.

While you may feel the pressure of taking a drug test or consenting to a background check even if you have nothing to fear, it is important to be clear about which tests are legally allowed before you agree to participate.

According to the laws established by the US Supreme Court, drug testing done with urine or blood are considered by law not harmful to potential employees. However, the law does consider having someone witness you providing the urine for the test as invasive. If an employer considers a person a potential risk for ‘tricking’ a urine test, a person of the same gender is allowed by law to be in the same room during the retrieval of the sample.

Different states have varying laws concerning drug testing. But there is also federal laws with preside over the usage of alcohol and drugs in a work environment. In 1988 the Drug-Free Workplace Act was conceived which requires that any company issued federal grants or work contracts must remain drug free. If not, funding can be revoked.

Employer cannot predict who is using drugs or who has a criminal past and must rely on proof positive that will come from drug testing. When a company policy enforces a drug-free workplace, all applicants will be subjected to drug testing. It is also possible that mandatory, random drug testing will be conducted throughout the course of employment. Drug testing protects the employer and as a result it is often a requirement new applicants cannot bypass.

If you have been hurt at work by an individual under the influence of drugs, it is important to protect your rights an injured worker. Contact our legal team for a free consultation today concerning your workers compensation rights. We can be reached toll free at 888-799-3918 or by using our online contact form.

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