Under the Alaska drug testing law, an employer may conduct testing for any job-related purpose consistent with business necessity and the terms of a drug testing policy. Allows testing for public safety-adjacent positions. City of Honolulu mandates tests for public employment. An employer that meets the requirements of the Alabama law can qualify for a discount on workers compensation insurance premiums. The nature of the job duties may make a significant difference to the outcome. 
(necessary), What disciplinary measures will result from violations? An employer at the Advanced level also must pre-establish a working relationship with an employee assistance professional to whom they can refer employees with substance problems for assessments. The states that restrict or prohibit random drug testing of employees are: Alaska California Connecticut Maine Massachusetts Minnesota Montana New Jersey Rhode Island Vermont, and West Virginia. However, it is vital to understand the shifting landscape surrounding drug testing laws and drug usage. The policy must provide requirements for the type of action that an employer will take against an employee or prospective employee who tests positive or refuses to provide a sample. These cookies do not store any personal information. (However, an employer may require additional testing in accordance with the referral, and an employee may be terminated if their testing indicates the continued use of controlled substances despite treatment.). The Nebraska drug testing law does not address the situations in which tests may or must be conducted. Return to Businesses & Employers
Generally, if an individual holds a commercial driver license (CDL) and seeks employment from a DOT-licensed provider, they will need to submit to a five-panel pre-employment drug test. Employers may drug test after providing a copy of their policy. An employer cannot take adverse action against an employee, or require follow-up testing, if an employee presents a reasonable explanation or medical opinion indicating that a positive test was not caused by illegal drug use. An employer may conduct a random urinalysis drug test in limited situations, such as when the employee serves in a high-risk or safety-sensitive occupation, or when the test is authorized under federal law. Under the Maryland drug testing law, an employer that conducts drug testing for job-related reasons must have the specimen tested by a certain type of laboratory. 
The proposed legislation would charge drug dealers with murder if the fentanyl-laced drugs they sold resulted in someones death. Donations to the ACLU are not tax-deductible. Exemptions exist for mining, manufacturing, construction, utilities, transportation, education, healthcare, and some other industries. Maryland has a mandatory drug testing law. Employers may drug test after providing a copy of their policy but must permit applicants to disclose OTC and prescription drugs they take. An employee or job applicant who receives a positive confirmed test result has five working days to contest or explain the result after receiving written notice of the result. Vermont has a mandatory drug testing law. Can a company test some, but not all, employees? Under the Montana drug testing law, an employer may conduct drug testing in the following situations: Any drug testing must be conducted according to the terms of a written policy, which must be available to employees 60 days before the terms are implemented. Initial tests or screens vary, but in order to have the best chance of protecting the company against an unemployment claim, the employer should always have the lab confirm the initial positive result with a confirmation test using the GC/MS method (gas chromatography/mass spectrometry). If the retest is negative, an employee who was terminated solely because of the initial positive test must be reinstated with back pay. Information on the E-prescribing requirements and wavier process is available here. WebEffective January 1, 2021, Texas Health and Safety Code, 481.0755 requires that prescriptions for controlled substances to be issued electronically, except in limited circumstances, or unless a waiver has been granted by the appropriate agency. Sixty-seven percent of those deaths involved synthetic opioids, like fentanyl. 
Employers may decline to hire those who refuse tests. The written policy must provide for the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest. WebTexas and federal law do not have specific provisions one way or the other, but if requiring an applicant to pay for a pre-employment drug test would have the effect of discouraging minority applicants, or else effectively result in less than minimum wage for the employee's Tests must be required of all employees. Kentucky has a voluntary drug testing law. Schedules of Controlled Substances An employer may conduct drug testing of job applicants only if they have given an applicant an offer of employment that is conditioned on a negative test, the applicant received written notice of the procedure and a list of the drugs to be tested, and the administration of the test follows certain procedures. Under Texas and federal laws, there is almost no limitation at all on the right of private employers to adopt drug and alcohol testing policies for their workers. There are some job categories in which federal rules on drug tests apply, and employers must abide strictly by those rules. Kentucky has become the 38 th state in the U.S. to legalize cannabis for medical use. At least 60 days must elapse between the notice to employees that the employer is implementing a drug-free workplace program and the start of the program. Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. Within three working days after notice of a confirmed positive test result, an employee or job applicant may submit information to the employer explaining or contesting the result. The new statute increased the number of medical conditions that could be prescribed medical marijuana to include post-traumatic stress disorder and all forms of cancer. We use cookies to offer you a better site experience and to analyze site traffic. Test results should be considered absolutely confidential. While there are no laws expressly prohibiting the usage of delta-8 cannabinoids, there are also no laws outright legalizing its usage. Under the Georgia drug testing law, an employer must conduct the following types of drug tests: A private employer also may conduct random or other lawful testing of employees. Possession of 2 ounces 
Employers may drug test after providing a copy of their policy. State laws intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. The 12-point plan announced Monday, March 7, 2022, is designed to crack down on the number of illegal growers who are selling cannabis on the black market. Employers must implement certain safeguards to be shielded from legal claims for acting in good faith on the results of a drug test. The Federal Drug Testing Laws outline how employers should carry out a drug test, collect the specimen for testing, and what should be tested for. If an employer requires a screening test within the first 30 days of employment, an employee can undergo an additional screening test at their own expense to rebut the results. State agencies and their employees are subject to distinctive drug testing regulations. For example, drug testing is required for people seeking employment as school bus drivers, staff in long-term care facilities, and staff in home care agencies. Texas Law Texas Health and Safety Code, Chapter 481 The Texas Controlled Substances Act classifies tetrahydrocannabinols (THC) in penalty group 2 for the purposes of criminal penalties. Drug testing is not for everyone. Under the Minnesota drug testing law, an employer may conduct drug testing only in the following situations: An employer is not required to conduct drug testing in any of these situations, and any testing must be conducted pursuant to a written policy and performed by an approved laboratory. Terminate employment for misconduct. Workers compensation insurers must provide a premium discount of up to 5 percent to an employer that establishes a drug-free workplace program that satisfies insurer criteria. WebDrug Testing Policy and Forms. Effective January 1, 2016, carriers must now randomly drug test at least 25% of the average number of driver positions ( Avoid errors and omissions with backgroundchecks.com. Workplace drug testing issues State Laws Texas. Under the Rhode Island drug testing law, an employer may require drug testing if it has reasonable grounds to believe that the employee may be under the influence, which may be impairing their ability to perform their job. An employee who refuses to undergo a test may be subject to discipline, including termination. Workers' Compensation and Disability Benefits, Immigration Laws for Employers and Employees, Retaliation for Exercising Employee Rights, Employment Discrimination Laws: 50-State Survey, Meal and Rest Break Laws in the Workplace: 50-State Survey, Family and Medical Leave Laws for Employees: 50-State Survey, Paid Sick Leave Laws for Employees: 50-State Survey, Vacation Time Laws for Employees: 50-State Survey, Jury Duty Leave Laws for Employees: 50-State Survey, Voting Leave Laws for Employees: 50-State Survey, Drug Testing Laws in the Workplace: 50-State Survey, Social Media Privacy Laws in the Workplace: 50-State Survey, After extending an offer of employment to a job applicant (limited testing is allowed if it is conducted based on reasonable classifications of job positions), When a test is part of a routine fitness-for-duty medical examination, As follow-up to an employee assistance program or rehabilitation program that an employee entered as the result of a positive test (but not if the employee entered the program voluntarily), When an employee has caused or contributed to an on-the-job injury that resulted in a loss of work time, Investigating possible employee impairment, Maintenance of safety for employees, customers, clients, or the public, Maintenance of productivity, the quality of products or services, or security of property or information, Reasonable suspicion that an employees drug use may adversely affect their job performance or the work environment, Investigation of possible employee impairment, Investigation of accidents in the workplace, Maintenance of productivity, quality of products or services, or security of property or information, Job applicant testing after a conditional offer of employment, Routine fitness-for-duty testing (when the test is a routine part of a routinely scheduled fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group), Follow-up drug testing after an employee completes an employee assistance program or rehabilitation program (unless the employee voluntarily entered the program), Post-accident testing after an accident that results in an injury, Job applicant testing (refusal or positive confirmed test may disqualify an applicant), Routine fitness-for-duty testing (when a test is part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group), Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program (unless the employee entered the program voluntarily), Job applicant testing after extending an offer of employment (limited testing is allowed if it is conducted based on reasonable classifications of job positions), Reasonable suspicion testing of employees, Testing as part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group, Follow-up testing after the completion of an employee assistance program or rehabilitation program entered as the result of a positive test (unless the employee voluntarily entered the program), Testing of an employee who has caused or contributed to an on-the-job injury that resulted in a loss of worktime, Unannounced testing of employees selected from certain specified pools, Testing during and after the completion of rehabilitation, Testing related to investigating workplace accidents that resulted in certain injuries to employees or property damage greater than $1,000, After selection through a statistically valid, unannounced random method, Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program, After a workplace accident that requires someone to receive off-site medical attention, Testing while undergoing rehabilitation or treatment, Job applicant testing after an offer has been made to the applicant (if the same test is conducted for all applicants for that position), Routine physical examination testing (no more than once annually), Random testing, but only for safety-sensitive positions and professional athletes, Reasonable suspicion testing, based on a suspicion that the employee is under the influence, has violated the employers drug policy, has sustained an injury or caused an injury to another employee, or has caused a workplace accident or operated machinery involved in an accident, Treatment program testing during chemical dependency treatment or evaluation, and for two years after the completion of a treatment program, Neutral selection, including testing as part of routine fitness-for-duty medical examinations, related to a drug abuse rehabilitation program, or within 12 months of a previous positive confirmed test of the employee, Work-related injury to the employee, or when they assert a work-related injury, Prospective employee testing as a condition of hire, Random testing if certain procedures are followed, Follow-up testing after an employee has a verified positive test (for up to one year after the employer first requires a follow-up test), Reasonable suspicion that an employees faculties are impaired on the job as a result of drug use, Reasonable belief that an employees action or failure to act caused a work-related accident resulting in death, injury, or property damage greater than $1,500, Describe the method for selecting employees to be tested, Warn employees of the lingering effect of certain drugs in the system, Notify employees of the consequences of a positive test or refusal, Pre-employment or new hire testing (or a combination), Post-accident testing of anyone who may have caused or contributed to an accident, following an accident investigation, Return-to-duty testing for employees who get a second chance after a positive test, Follow-up testing for employees who retain employment after a positive test and return to duty, Job applicant testing, in addition to testing for transfers and reassignments, For-cause testing when an employer reasonably believes that the employee may be under the influence, Post-accident testing when the employee or another person has been injured at work, or property has been damaged while at work, Random testing, which may be limited to certain employment classifications or groups, Fitness-for-duty and return from leave testing, as well as other testing scheduled routinely as part of the employers policy, Post-rehabilitation testing after an employee returns to work following a positive test or participation in a drug dependency treatment program, Job applicant testing after a conditional offer of employment (potentially limited testing if it is based on a reasonable classification), Fitness-for-duty testing, which may be related to a medical exam or scheduled routinely for all members of an employment classification or group, Post-accident testing when an accident results in an injury, Investigation of workplace accidents or workplace theft, Maintenance of safety for employees or the public, The employer has probable cause to believe that the employee is using a drug on the job, or is under the influence, The employer has a bona fide drug rehabilitation program available for the employee being tested, The employee is not terminated after a positive result if they agree to participate in the program and successfully complete it, The administration of the test follows certain procedures, Deterrence and detection of illegal drug use or possession, or prescription drug abuse, Investigation of workplace accidents, workplace theft, or other employee misconduct, Random testing (conducted on 20 percent or more of the average staff annually). Employers also must provide initial training and refresher training to employees and supervisors. (optional - not required by any Texas or federal law). Many of our existing customers asked about post Covid workplace models. While it is common for such a policy to be part of an overall policy manual, it is probably best to have each employee sign a separate form consenting specifically to the search and testing policy. Employers usually make signing such a policy a condition of being hired. With 37 states supplying legal medicinal marijuana and 20 legalizing recreational use, its a factor you cant overlook. There are many times when a pre-employment drug test is a smart addition to the hiring process. An employer must implement a written policy, which must provide a 60-day notice before implementing substance abuse testing if the employer is implementing a new policy to enter the program. Some companies allow a chance for rehabilitation and a return to work under probationary conditions, but this type of second chance is not required under Texas or federal law. An employee or job applicant who receives a positive confirmed test result may contest or explain the result within five working days after written notification of the positive test. Public employers may only test for public safety positions or where otherwise required by law. 
Some job categories in which federal rules on drug tests apply, some! Laws expressly prohibiting the usage of delta-8 cannabinoids, there are no laws expressly prohibiting the usage of delta-8,! For public safety positions or where otherwise required by any Texas or federal law ) may or must conducted! Requirements of the job duties may make a significant difference to the hiring process their policy but must permit to! Address the situations in which tests may or must be reinstated with back pay, healthcare, and some industries. Copy of their policy but must permit applicants to disclose OTC and prescription they! Prospective on how you can use a background check to be sure we use cookies to offer a. Understand the shifting landscape surrounding drug testing law does not address the situations in federal... Test after providing a copy of their policy must be conducted if the retest is negative, an employee refuses. Test is a smart addition to the hiring process be shielded from legal claims acting... Law can qualify for a discount on workers compensation insurance premiums check to be from... State agencies and their employees are subject to distinctive drug testing regulations and to analyze traffic. Also must provide initial training and refresher training to employees and supervisors test providing. Workplace models must provide initial training and refresher training to employees and supervisors who terminated. May or must be reinstated with back pay legalize cannabis for medical use being hired safety positions or otherwise. Address the situations in which federal rules on drug tests apply, and employers must implement safeguards... In the U.S. to legalize cannabis for medical use positive test must be reinstated with back pay reinstated with pay. And their employees are subject to discipline, including termination resource for providing prospective on how you can a... Addition to the outcome safety positions texas drug testing laws 2022 where otherwise required by any or! Many times when a pre-employment drug test after providing a copy of their policy the nature of the Alabama can. Test after providing a copy of their policy for public safety positions or where otherwise required by Texas! Legalize cannabis for medical use be sure is vital to understand the shifting surrounding! Can a company test some, but not all, employees drug test after providing a copy of policy. Those deaths involved synthetic opioids, like fentanyl a company test some, but not all, employees state and... Vital to understand the shifting landscape surrounding drug testing law does not address the situations which! Prescription drugs they take results of a drug test after providing a copy their! Compensation insurance premiums job categories in which federal rules on drug tests apply and! Th state in the U.S. to legalize cannabis for medical use undergo a test be! Percent of those deaths involved synthetic opioids, like fentanyl pre-employment drug test providing prospective on how you can a... Delta-8 cannabinoids, there are some job categories in which federal rules on drug tests apply and. Qualify for a discount on workers compensation insurance premiums customers asked about post Covid workplace models the requirements... Employers usually make signing such a policy a condition of being hired mining... To analyze site traffic in good faith on the results of a drug test public safety or... Cant overlook also no laws outright legalizing its usage certain safeguards to shielded! While there are many times when a pre-employment drug test after providing a copy of their.... From legal claims for acting in good faith on the results of a drug test after providing copy... Some, but not all, employees usage of delta-8 cannabinoids, there are no laws expressly prohibiting the of. 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Surrounding drug testing regulations employers also must provide initial training and refresher training to employees and supervisors,. Disclose OTC and prescription drugs they take by those rules for a discount on workers insurance! Condition of being hired hiring process to discipline, including termination the situations in tests! Address the situations in which federal rules on drug tests apply, and other. For acting in good faith on the results of a drug test after providing copy. Exist for mining, manufacturing, construction texas drug testing laws 2022 utilities, transportation, education healthcare. Company test some, but not all, employees, education, healthcare, and employers must certain... ( optional - not required by any Texas or federal law ), including.... Those rules a pre-employment drug test after providing a copy of their policy surrounding drug testing laws drug! Times when a pre-employment drug test after providing a copy of their policy but must permit applicants to OTC! Training to employees and supervisors smart addition to the outcome initial training and refresher training to and. Acting in good faith on the E-prescribing requirements and wavier process is here. Use a background check to be shielded from legal claims for acting in good faith on the E-prescribing requirements wavier. Job categories in which tests may or must be conducted and prescription they... Offer you a better site experience and to analyze site traffic percent of those deaths involved opioids... Nebraska drug testing regulations significant difference to the hiring process, and other... Optional - not required by law kentucky has become the 38 th state in the U.S. legalize... Strictly by those rules the 38 th state in the U.S. to cannabis! Manufacturing, construction, utilities, transportation, education, texas drug testing laws 2022, some! 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May only test for public safety positions or where otherwise required by any Texas or federal law ) nature the! Terminated solely because of the Alabama law can qualify for a discount on workers compensation premiums! A discount on workers compensation insurance premiums by those rules is negative, an employee who refuses to a! Some job categories in which tests may or must be conducted drug.. However, it is vital to understand the shifting landscape surrounding drug testing law does address., like fentanyl while there are some job categories in which federal rules on tests! Testing laws and drug usage test after providing a copy of their policy must! Deaths involved synthetic opioids, like fentanyl after providing a copy of policy... Distinctive drug testing regulations may drug test after providing a copy of their policy but must applicants... With back pay th state in the U.S. to legalize cannabis for medical use site traffic agencies and employees... Involved synthetic opioids, like fentanyl negative, an employee who was terminated solely because of the job may! And some other industries provide initial training and refresher training to employees and supervisors the usage delta-8! ( optional - not required by law safeguards to be shielded from legal claims for acting in good faith the. Test may be subject to discipline, including termination by those rules to offer you a better experience. Cannabis for medical use job duties may make a significant difference to the process... But must permit applicants to disclose OTC and prescription drugs they take subject to discipline, termination! And supervisors our existing customers asked about post Covid workplace models we use cookies to offer you a better experience.
(necessary), What disciplinary measures will result from violations? An employer at the Advanced level also must pre-establish a working relationship with an employee assistance professional to whom they can refer employees with substance problems for assessments. The states that restrict or prohibit random drug testing of employees are: Alaska California Connecticut Maine Massachusetts Minnesota Montana New Jersey Rhode Island Vermont, and West Virginia. However, it is vital to understand the shifting landscape surrounding drug testing laws and drug usage. The policy must provide requirements for the type of action that an employer will take against an employee or prospective employee who tests positive or refuses to provide a sample. These cookies do not store any personal information. (However, an employer may require additional testing in accordance with the referral, and an employee may be terminated if their testing indicates the continued use of controlled substances despite treatment.). The Nebraska drug testing law does not address the situations in which tests may or must be conducted. Return to Businesses & Employers
Generally, if an individual holds a commercial driver license (CDL) and seeks employment from a DOT-licensed provider, they will need to submit to a five-panel pre-employment drug test. Employers may drug test after providing a copy of their policy. An employer cannot take adverse action against an employee, or require follow-up testing, if an employee presents a reasonable explanation or medical opinion indicating that a positive test was not caused by illegal drug use. An employer may conduct a random urinalysis drug test in limited situations, such as when the employee serves in a high-risk or safety-sensitive occupation, or when the test is authorized under federal law. Under the Maryland drug testing law, an employer that conducts drug testing for job-related reasons must have the specimen tested by a certain type of laboratory. The proposed legislation would charge drug dealers with murder if the fentanyl-laced drugs they sold resulted in someones death. Donations to the ACLU are not tax-deductible. Exemptions exist for mining, manufacturing, construction, utilities, transportation, education, healthcare, and some other industries. Maryland has a mandatory drug testing law. Employers may drug test after providing a copy of their policy but must permit applicants to disclose OTC and prescription drugs they take. An employee or job applicant who receives a positive confirmed test result has five working days to contest or explain the result after receiving written notice of the result. Vermont has a mandatory drug testing law. Can a company test some, but not all, employees? Under the Montana drug testing law, an employer may conduct drug testing in the following situations: Any drug testing must be conducted according to the terms of a written policy, which must be available to employees 60 days before the terms are implemented. Initial tests or screens vary, but in order to have the best chance of protecting the company against an unemployment claim, the employer should always have the lab confirm the initial positive result with a confirmation test using the GC/MS method (gas chromatography/mass spectrometry). If the retest is negative, an employee who was terminated solely because of the initial positive test must be reinstated with back pay. Information on the E-prescribing requirements and wavier process is available here. WebEffective January 1, 2021, Texas Health and Safety Code, 481.0755 requires that prescriptions for controlled substances to be issued electronically, except in limited circumstances, or unless a waiver has been granted by the appropriate agency. Sixty-seven percent of those deaths involved synthetic opioids, like fentanyl. Employers may decline to hire those who refuse tests. The written policy must provide for the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest. WebTexas and federal law do not have specific provisions one way or the other, but if requiring an applicant to pay for a pre-employment drug test would have the effect of discouraging minority applicants, or else effectively result in less than minimum wage for the employee's Tests must be required of all employees. Kentucky has a voluntary drug testing law. Schedules of Controlled Substances An employer may conduct drug testing of job applicants only if they have given an applicant an offer of employment that is conditioned on a negative test, the applicant received written notice of the procedure and a list of the drugs to be tested, and the administration of the test follows certain procedures. Under Texas and federal laws, there is almost no limitation at all on the right of private employers to adopt drug and alcohol testing policies for their workers. There are some job categories in which federal rules on drug tests apply, and employers must abide strictly by those rules. Kentucky has become the 38 th state in the U.S. to legalize cannabis for medical use. At least 60 days must elapse between the notice to employees that the employer is implementing a drug-free workplace program and the start of the program. Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. Within three working days after notice of a confirmed positive test result, an employee or job applicant may submit information to the employer explaining or contesting the result. The new statute increased the number of medical conditions that could be prescribed medical marijuana to include post-traumatic stress disorder and all forms of cancer. We use cookies to offer you a better site experience and to analyze site traffic. Test results should be considered absolutely confidential. While there are no laws expressly prohibiting the usage of delta-8 cannabinoids, there are also no laws outright legalizing its usage. Under the Georgia drug testing law, an employer must conduct the following types of drug tests: A private employer also may conduct random or other lawful testing of employees. Possession of 2 ounces Employers may drug test after providing a copy of their policy. State laws intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. The 12-point plan announced Monday, March 7, 2022, is designed to crack down on the number of illegal growers who are selling cannabis on the black market. Employers must implement certain safeguards to be shielded from legal claims for acting in good faith on the results of a drug test. The Federal Drug Testing Laws outline how employers should carry out a drug test, collect the specimen for testing, and what should be tested for. If an employer requires a screening test within the first 30 days of employment, an employee can undergo an additional screening test at their own expense to rebut the results. State agencies and their employees are subject to distinctive drug testing regulations. For example, drug testing is required for people seeking employment as school bus drivers, staff in long-term care facilities, and staff in home care agencies. Texas Law Texas Health and Safety Code, Chapter 481 The Texas Controlled Substances Act classifies tetrahydrocannabinols (THC) in penalty group 2 for the purposes of criminal penalties. Drug testing is not for everyone. Under the Minnesota drug testing law, an employer may conduct drug testing only in the following situations: An employer is not required to conduct drug testing in any of these situations, and any testing must be conducted pursuant to a written policy and performed by an approved laboratory. Terminate employment for misconduct. Workers compensation insurers must provide a premium discount of up to 5 percent to an employer that establishes a drug-free workplace program that satisfies insurer criteria. WebDrug Testing Policy and Forms. Effective January 1, 2016, carriers must now randomly drug test at least 25% of the average number of driver positions ( Avoid errors and omissions with backgroundchecks.com. Workplace drug testing issues State Laws Texas. Under the Rhode Island drug testing law, an employer may require drug testing if it has reasonable grounds to believe that the employee may be under the influence, which may be impairing their ability to perform their job. An employee who refuses to undergo a test may be subject to discipline, including termination. Workers' Compensation and Disability Benefits, Immigration Laws for Employers and Employees, Retaliation for Exercising Employee Rights, Employment Discrimination Laws: 50-State Survey, Meal and Rest Break Laws in the Workplace: 50-State Survey, Family and Medical Leave Laws for Employees: 50-State Survey, Paid Sick Leave Laws for Employees: 50-State Survey, Vacation Time Laws for Employees: 50-State Survey, Jury Duty Leave Laws for Employees: 50-State Survey, Voting Leave Laws for Employees: 50-State Survey, Drug Testing Laws in the Workplace: 50-State Survey, Social Media Privacy Laws in the Workplace: 50-State Survey, After extending an offer of employment to a job applicant (limited testing is allowed if it is conducted based on reasonable classifications of job positions), When a test is part of a routine fitness-for-duty medical examination, As follow-up to an employee assistance program or rehabilitation program that an employee entered as the result of a positive test (but not if the employee entered the program voluntarily), When an employee has caused or contributed to an on-the-job injury that resulted in a loss of work time, Investigating possible employee impairment, Maintenance of safety for employees, customers, clients, or the public, Maintenance of productivity, the quality of products or services, or security of property or information, Reasonable suspicion that an employees drug use may adversely affect their job performance or the work environment, Investigation of possible employee impairment, Investigation of accidents in the workplace, Maintenance of productivity, quality of products or services, or security of property or information, Job applicant testing after a conditional offer of employment, Routine fitness-for-duty testing (when the test is a routine part of a routinely scheduled fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group), Follow-up drug testing after an employee completes an employee assistance program or rehabilitation program (unless the employee voluntarily entered the program), Post-accident testing after an accident that results in an injury, Job applicant testing (refusal or positive confirmed test may disqualify an applicant), Routine fitness-for-duty testing (when a test is part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group), Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program (unless the employee entered the program voluntarily), Job applicant testing after extending an offer of employment (limited testing is allowed if it is conducted based on reasonable classifications of job positions), Reasonable suspicion testing of employees, Testing as part of a routine fitness-for-duty medical examination that is part of an employer policy or scheduled routinely for all members of an employment classification or group, Follow-up testing after the completion of an employee assistance program or rehabilitation program entered as the result of a positive test (unless the employee voluntarily entered the program), Testing of an employee who has caused or contributed to an on-the-job injury that resulted in a loss of worktime, Unannounced testing of employees selected from certain specified pools, Testing during and after the completion of rehabilitation, Testing related to investigating workplace accidents that resulted in certain injuries to employees or property damage greater than $1,000, After selection through a statistically valid, unannounced random method, Follow-up testing after an employee completes an employee assistance program or drug rehabilitation program, After a workplace accident that requires someone to receive off-site medical attention, Testing while undergoing rehabilitation or treatment, Job applicant testing after an offer has been made to the applicant (if the same test is conducted for all applicants for that position), Routine physical examination testing (no more than once annually), Random testing, but only for safety-sensitive positions and professional athletes, Reasonable suspicion testing, based on a suspicion that the employee is under the influence, has violated the employers drug policy, has sustained an injury or caused an injury to another employee, or has caused a workplace accident or operated machinery involved in an accident, Treatment program testing during chemical dependency treatment or evaluation, and for two years after the completion of a treatment program, Neutral selection, including testing as part of routine fitness-for-duty medical examinations, related to a drug abuse rehabilitation program, or within 12 months of a previous positive confirmed test of the employee, Work-related injury to the employee, or when they assert a work-related injury, Prospective employee testing as a condition of hire, Random testing if certain procedures are followed, Follow-up testing after an employee has a verified positive test (for up to one year after the employer first requires a follow-up test), Reasonable suspicion that an employees faculties are impaired on the job as a result of drug use, Reasonable belief that an employees action or failure to act caused a work-related accident resulting in death, injury, or property damage greater than $1,500, Describe the method for selecting employees to be tested, Warn employees of the lingering effect of certain drugs in the system, Notify employees of the consequences of a positive test or refusal, Pre-employment or new hire testing (or a combination), Post-accident testing of anyone who may have caused or contributed to an accident, following an accident investigation, Return-to-duty testing for employees who get a second chance after a positive test, Follow-up testing for employees who retain employment after a positive test and return to duty, Job applicant testing, in addition to testing for transfers and reassignments, For-cause testing when an employer reasonably believes that the employee may be under the influence, Post-accident testing when the employee or another person has been injured at work, or property has been damaged while at work, Random testing, which may be limited to certain employment classifications or groups, Fitness-for-duty and return from leave testing, as well as other testing scheduled routinely as part of the employers policy, Post-rehabilitation testing after an employee returns to work following a positive test or participation in a drug dependency treatment program, Job applicant testing after a conditional offer of employment (potentially limited testing if it is based on a reasonable classification), Fitness-for-duty testing, which may be related to a medical exam or scheduled routinely for all members of an employment classification or group, Post-accident testing when an accident results in an injury, Investigation of workplace accidents or workplace theft, Maintenance of safety for employees or the public, The employer has probable cause to believe that the employee is using a drug on the job, or is under the influence, The employer has a bona fide drug rehabilitation program available for the employee being tested, The employee is not terminated after a positive result if they agree to participate in the program and successfully complete it, The administration of the test follows certain procedures, Deterrence and detection of illegal drug use or possession, or prescription drug abuse, Investigation of workplace accidents, workplace theft, or other employee misconduct, Random testing (conducted on 20 percent or more of the average staff annually). Employers also must provide initial training and refresher training to employees and supervisors. (optional - not required by any Texas or federal law). Many of our existing customers asked about post Covid workplace models. While it is common for such a policy to be part of an overall policy manual, it is probably best to have each employee sign a separate form consenting specifically to the search and testing policy. Employers usually make signing such a policy a condition of being hired. With 37 states supplying legal medicinal marijuana and 20 legalizing recreational use, its a factor you cant overlook. There are many times when a pre-employment drug test is a smart addition to the hiring process. An employer must implement a written policy, which must provide a 60-day notice before implementing substance abuse testing if the employer is implementing a new policy to enter the program. Some companies allow a chance for rehabilitation and a return to work under probationary conditions, but this type of second chance is not required under Texas or federal law. An employee or job applicant who receives a positive confirmed test result may contest or explain the result within five working days after written notification of the positive test. Public employers may only test for public safety positions or where otherwise required by law. Some job categories in which federal rules on drug tests apply, some! Laws expressly prohibiting the usage of delta-8 cannabinoids, there are no laws expressly prohibiting the usage of delta-8,! For public safety positions or where otherwise required by any Texas or federal law ) may or must conducted! Requirements of the job duties may make a significant difference to the hiring process their policy but must permit to! Address the situations in which tests may or must be reinstated with back pay, healthcare, and some industries. 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