Types of Pre-Employment Drug Screening and Risks/Complications

A new CDL driver has to get randomly tested every year of his employment, and also dot drug test upon commencement of employment. Furthermore, if such an accident happens, the DOT accident checklist decides if a prospective driver has to undergo drug testing. In short, whether an accident takes place or not, a driver has to get randomly tested if ever the accident is caused due to a drunk driving collision. The results are used as evidence against the drivers in court if required. It is, thus, essential for all drivers to undergo a DOT Drug Test, in case any accident takes place.

So what does it take for an employer to consider a reasonable suspicion to justify drug testing? Employers have a responsibility to inform their drivers about the consequences of a positive drug test. This means informing them about the potential long-term effects, and the immediate actions that need to be taken in order to avoid these consequences. This information needs to be provided to the applicants. Similarly, drivers have a responsibility to inform their employers if they experience any symptoms of drug abuse.

What the law has to say about drug testing?

The courts have ruled that the following circumstances would justify a drug or alcohol test: when a driver's performance is impaired at work, when there is a problem with driving (whether the suspect behaved illegally or not), or when the employee fails a drug or alcohol test. However, a court may still view certain scenarios differently. For example, some courts have held that random tests of the subject's performance at work, where no legitimate reason exists for doing so, constitute a search and seizure that are illegal. Therefore, a court may view the following scenarios differently: when an employee returns from a vacation, when an employee returns from sick leave, or when a company needs to determine how much an employee can drive home. In each of these cases, if the employee's performance is impaired, they must first report this fact to their employer, who has the right to perform a pre-employment test (such as a urinalysis) to determine whether there are alcohol or drug-related symptoms.

Courts have also held that random drug testing in the workplace is generally illegal because employers do not have a reasonable suspicion that employees engaged in illegal drug use. Employers have the responsibility to provide a safe working environment, and they may request that random checks be performed in certain situations. However, courts have held that employers may not violate the constitutional rights of employees in doing so unless they intentionally discriminate.

How the employer can conduct drug testing for their employees?

It is not enough for an employer to merely have a policy prohibiting drug tests; it must have a separate reason for requiring this policy. In addition, employers may not rely on vague or overbroad general deterrence theories to justify the policy. A reasonable suspicion justification, given by an employer, is not enough to strip a job opportunity from an employee based on the results of a drug test. Finally, employers may not depend on testimonials from "reliable" employees to justify suspicion-based drug tests, even when those employees offer an opinion that a particular drug test is unfair or a waste of time.

In addition to drug tests, employers may choose to random test potential employees for alcohol consumption when the employee does not meet the company's hiring policies or practices. Random alcohol tests are conducted at random, and usually do not entail the same type of administrative procedures as drug tests. If a random alcohol test does not provide evidence to support a reasonable suspicion that a person may have consumed alcohol, a company may require a reconciliation procedure for the employee to take home or submit to a laboratory for further testing. To learn more about these two types of tests, as well as other types of evaluations, contact a drug evaluation specialist. One can find the best consortiums for DOT drug tests by checking out websites like usadrugtesting.org.