Employers have the right to test employees for drug use.
Employees in the United States are not always required to be tested for drug or alcohol use, unless they work in certain specific fields. However, employers have the right to set up a drug-free workplace program and require that all employees follow the policy guidelines established. Any employee who fails to follow a workplace's drug testing policy may be terminated. Both scheduled and random drug testing is allowed.
Purpose
Athletes in Minnesota are required to take drug tests.
The purpose of drug testing policies within the workplace is to create a safe work environment for all employees. Businesses have the legal right to create drug-testing policies and require that all employees follow the policy guidelines. Not all states require drug testing of their employees, and some states only require it if an employee works within a specific field. For example, Minnesota only requires drug testing for professional athletes and those who work in "safety-sensitive positions" such as truck drivers or airline pilots.
The Law
Laboratories must be certified to conduct drug testing.
The Drug-Free Workplace Act of 1988 does not require employers to subject their employees to drug testing; however, employers do hold the right to test their employees for drugs if they choose to. Any federal agency that decides to test its employees for drugs must follow Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. The National Laboratory Certification Program is responsible for ensuring that all labs that conduct drug tests on federal employees are properly certified.
Transportation
Truck drivers must take drug tests to ensure safety policies.
Employees who work in the transportation business are required by law to take drug tests to ensure the safety of themselves, their co-workers and other vehicles on the road. Congress passed this law in 1991 under the Omnibus Transportation Employee Testing Act. The Department of Transportation (DOT) is required to test for both drugs and alcohol for anyone working as a school bus driver, a truck driver, for the railroads, in aviation, or any other transportation job, as well as those who work on pipelines.
MRO
Workers who test positive for drug use in the transportation industry may request an interview with a Medical Review Officer (MRO) to explain why the test results were such. An MRO will determine if the drugs in your system have a medical purpose. Employees who test positive also have the option to have their sample sent to another lab for further analysis, but must do so within 72 hours of hearing their initial test results. The MRO will send all final test results to your employer.
Refusal
Employees who refuse to take drug tests can lose their job.
Employers have the right to fire an employee if she refuses to take a drug test after being properly warned that the job policy requires it. Drug testing can be done during the job interview process or randomly while an employee holds the job, as long as the policy makes this clear to all employees. Any employee who signs a form of consent to be tested must follow the guidelines set forth by the employer. Refusal to do so may lead to termination.
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