- Failing a drug test allows the employer to fire, terminate or refuse to hire an employee to a position. The Drug Free Workplace Act of 1988 establishes certain federal and some state drug testing laws that require or encourage an employer to give the employee who has failed the drug test alternates to being terminated or fired. For instance, an employer may suggest some type of substance abuse treatment centers that his employee may attend, instead of being fired on the spot. The employee can be banned from performing safety sensitive duties until the treatment is concluded, but the employee has the right to keep her job.
- An employee must submit a specimen to a drug test if required by the employer either on work premises, or off of work premises at a doctor's office, clinic or drug testing laboratory. The specimen that is submitted by the employee could be saliva, hair, blood or urine. When submitting a specimen for testing, an employee may be asked to change out of his clothes into a hospital gown and directed to where the testing will occur. The employee has the right to privacy when submitting a urine specimen. Therefore the rooms the employee goes in to provide the urine specimen may have the running water turned off, so the employee cannot dilute the urine specimen.
- An employer has the right to request random drug tests from an employee. The employer must be careful not to discriminate as to who is receiving the drug test. The employer cannot discriminate based on an employee's demeanor, looks, educational experience or any other characteristic. All employees and applicants must be treated equally when being chosen for a random drug test. An employee has the obligation to submit the drug test if she is chosen.
- If an employee tests positive for a drug, he has the right to dispute the results. The test could have caught any prescription drugs the employee was taking at the time the drug test was taken. If further tests show that the employee had the prescription drugs in her system, and the employee is taking the prescription for medical reasons, the employee can petition the court if fired for failing a drug test.
- An employee has an obligation to remain drug-free in the workplace. An employee puts himself at risk, as well as co-workers or customers of the company. If an employee hurts herself on the job, she has rights to worker's compensation and other benefits. However, if drug tests are administered and the test shows the employee was under the influence of an illegal substance, the employer has the right to deny worker's compensation or any other benefit.
