Laws About Drug Testing
Legal Article GuideBy: Kum Martin
The Drug Free Workplace Art requires employers to warn employees about the danger of drugs. The employer should take action to prevent employees from drug. The law does not say anything about drug testing. However, many employers require their employees to take a drug test as a part of hiring process.
Although employers are allowed to give a drug test, the process of giving a drug test can be potential weak points. When the employer collect sample, employer must try to prevent sample alteration. Employer is not allowed to observe directly, because it would be a violation of privacy. Step to collect sample may include providing clean containers. Employer should make immediate check acidity and temperature of the sample. The identity of the sample must be clear. All containers should be labeled in the presence of witness. Furthermore, the containers should be sealed properly to prevent alteration.
The test should not be performed by an amateur. All the samples should be tested by licensed labs. A certain employers are required to use specially certified testing labs.
All tests should have two cycles. The first is a screening test. If the result comes out to be positive, then a confirmatory test should be used to confirm the result. Screening tests may be wrong. Some states require the employee’s right to an independent re-test.
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