Employment drug testing is in practice in many organizations now-a-days. There are different types of employment drug testing such as pre-employment drug testing, random drug testing, scheduled drug testing, post-accident drug testing, safety-sensitive drug testing, and rehabilitation drug testing.
Employee drug testing has become legal according to the Drug-Free WorkPlace Act. It is not compulsory that all employers should conduct employee drug testing. It is left to the employers’ choice. However, many organizations have been conducting drug tests. There are certain rights for both employees and employers when drug tests are conducted at workplace.
Employers have the right to have a drug-free work environment. Hence they can conduct drug tests on employees. The drug tests can be conducted inside or outside the company. Pre-employment drug testing may be conducted by the employers for avoiding drug abused people to be get hired. Also the employers have right to conduct certain random drug tests on existing employees. The employer also has a right to deny worker’s compensation or any other benefit for an employee who is tested positive in drug tests.
If an employer asks an employee to undergo drug tests, then the employee should take the test. Discrimination by an employee against taking drug testing is not possible. A fair relation has to be maintained by an employer when selecting candidates for random drug testing. Any factors such as nation of origin, race, gender, age, disability and other personal characteristics of an employee should not be taken into consideration while selecting individuals for drug testing at workplace.
A right to privacy is available for an employee during drug testing. A drug testing program is considered to be legal only if proper respect is given for employee privacy rights. Employees should be aware that a drug test in employment is necessary and believe that it is important to undergo the test for their own benefits. Sometimes certain drugs can be taken by employees as part of medication. If such people are tested positive in employment drug testing, they have the right to fight against the result by showing certain proof regarding the matter.
Once the test is conducted and results are out, the employer has right to punish or rehabilitate any employee who is tested positive. The employer may undertake some disciplinary actions or conduct certain treatment and rehabilitation programs for drug abused employees.
