- According to the U.S. Chamber of Commerce, there are several good reasons for an employer to invoke drug testing. In an effort to promote public safety some jobs, such as those in transportation industry, require drug testing by law. An employee who engages in drug use is not only a liability to his employer, but also a risk to himself and the public at large.
- The Substance Abuse and Mental Health Services Administration (SAMHSA) is federal agency that has set in place a list of five drugs (SAMSHA-5) that employees must be tested for prior to working in the transportation industry. However, some private employers also use the SAMSHA-5 as part of their basic drug screening. The SAMSHA-5 drug list consists of marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP).
- The typical drug test that is administered on behalf of prospective employers can be accomplished in one of four ways. Urine testing is the most common form of drug testing used and the least expensive. But, the Regional Laboratory for Toxicity explains that a urine test is only capable of identifying recent drug use, in some cases allowing ample time for detoxification. Hair-sample drug testing provides a good indication of heavy drug use, but cannot reliably detect between recent and past heavy drug use. Saliva tests are quite accurate, but not often used. Blood tests are also a way that drugs can be detected in the system, but the method is not preferred because it is quite costly.
- Applicants do have some protections when it comes to drug testing. By law, applicants must be provided with the employer's intentions to use a drug-testing method, prior to hire. Usually, the employer will place such information on the job application, giving the applicant ample opportunity to decline the drug test by not applying for the job. The U.S. Department of Health and Human Services reports that by law, all drug-test results must remain confidential.
- Employers have every right to be selective in regards to hiring employees, but must be careful not to discriminate against any group or class of people. According to the Americans with Disabilities Act (ADA), companies with 15 or more employees must offer prospective employees a "conditional "job offer before drug testing. Applicants who have certain disabilities may take prescription medications that are crucial to their quality of life. These medications can create a false reading on a drug test, so if an employer is aware of these medications beforehand, the lab can be notified.
