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Various Situations When Drug Tests Are Allowed

In private sector companies, the employer can get the drug tested on their employees more freely as compared to government jobs. In order to do drug-test a private sector employer does not need to get consent from their employees and neither can employees refuse to do the drug test.

Drug testing is allowed in private sector companies in a number of situations as mentioned below:

  • Before the employment

When job applicants are chosen for any job then private employers ask them to undergo blood test for testing drug. Even law has allowed the private employer to carry out this test before employing any one so that it is ensured that no drug addict will join the company. If the employee chooses not to undergo such test then they reject the employment offer and look for job somewhere else.

  • Reasonable amount of suspicion

If even during the period of employment, if the employer ever gets suspicious about any of his employee on drug addiction then he is permitted to conduct drug test on that employee. What is the reason of suspicion may vary under the situation and also based upon the order of the court, however if the employer finds any visible symptom of drug abuse physically or in his erratic behavior at work place or he gets any such report from authenticated source then drug test can be conducted.

  • Random testing

Often many employees protest against such random testing and few states have also certain rules on which you cannot infringe in privacy rights of your employee who has been working in your company. However, this is allowed by many courts particularly in those companies where safety sensitivity is extremely important. Also, in a workplace, where there is no supervisor available over the employee concerned, testing for drug can be done on a random basis and no particular employee can be targeted.

  • Post-accident

If any such work injury drug test is conducted after an employee has met with an accident then the company may conduct drug test on that particular employee. If the test proves to be positive then the cause of the accident is often considered to be as a result of drug addiction. Therefore, the employee is denied his accident compensation benefit.

What type of drugs the employer can test on the employee?

Employers nowadays ask their employees to get ready for drug test after they are hired. Employees are asked to undergo urine test to check the presence of following 5 types of drugs:

  • Amphetamines
  • Cocaine
  • Opiates
  • Phencyclidine
  • THC

However, employers have got right to test any other types of drugs too if they wish to. Some of the other drugs that most employees test in addition to the above are as follows:

  • Barbiturates
  • Ethanol
  • Hallucinogens
  • Inhalants
  • Methadone

What happens if the candidate fails in the drug test

If before employment you failed the drug test then the company may not hire you. If during the period of employment, you are tested positive you may either be sacked from your job or you may be denied any further promotion.

Even the state may deny you all other employment benefits that you deserve as an employee in any company.