Before a drug test is conducted, employees and applicants must sign a consent form that authorizes the test and allows the test results to be shared with a Designated Medical Investigator (RMA), the employer and the LRTD. If an employee or candidate fails or refuses to sign the consent form or take the test on time, an employer may terminate or refuse to hire the individual. In this article, we`ll cover the basics of Texas` workplace drug testing laws, including: Drug testing rules vary depending on whether an employer operates in the private or public sector. There is virtually no limit to the drug tests that a private employer can perform. If you`re looking for information on drug testing related to a specific city in the state of Texas, take a look at our Texas clinics. From there, you can select your city`s drug testing or DNA testing page to learn more. Failure to take a drug test during a hiring selection could result in disqualification for employment. On the other hand, if you are already employed and fail a drug test through a random or “cause” test, you may face one of the following scenarios: A drug test should also be conducted with respect for an employee`s privacy. If you are given a cup to urinate in public, it can also be a violation of your rights. The Texas Workforce Commission (TWC) offers private employers advice on when to test their employees for drugs. They advise employers to carefully draft their drug testing policies and consider all legal issues. Under the TDLR model, employers must conduct drug testing at the following times: No disciplinary action can be taken against workers who voluntarily identify as drug users, seek counselling and rehabilitation, and return to work and subsequently be tested.
However, you should be able to expect the consequences of drug testing to be clearly documented by your employer. In fact, the Texas Workers` Compensation Act states that companies with 15 or more employees must disclose details of their drug testing policies. Employers must also provide their employees with details of penalties for drug violations, according to the Texas Workforce Commission (TWC). Employers subject to DOT-regulated drug testing rules and state employers, as well as companies with federal contracts or grants, should conduct additional research to ensure compliance with all applicable drug testing laws. • Pre-employment drug testing – All applicants who have received a conditional job offer must pass a drug test before receiving a final offer. You can expect sanctions if you are currently on probation. Depending on the terms of your probation, failing a drug test may result in harsher conditional sentences or even jail time. Texas` drug testing compliance laws do not restrict drug testing for public or private employers. There are also no state laws requiring Texas state employees to take drug and alcohol tests, although federal laws may apply.
Some employers choose to require pre-employment drug testing in order to screen potential candidates for drug use. Another possibility is that companies impose random drug testing of their current employees several times a year. These practices are perfectly legal for private employers in Texas. While Texas law does not regulate workplace drug testing policies, employers must ensure consistent application of the policy to all employees, protect employee test results, and avoid potential employee lawsuits for: Employers may use random testing or drug testing “for cause”, But the method used must be clearly stated in the company`s drug testing policy. The state of Texas does not have compliance rules for drug testing, which govern an employer`s ability to randomly test its employees for drugs. However, employers must comply with all federal laws and avoid tests that may appear discriminatory. Before implementing your company`s drug testing policy, you should find a nationally reputable and certified laboratory and sign a contract. If a candidate`s confirmatory test is positive, the employer cannot employ the person in the type of work subject to the TDLR license. If an employee`s confirmatory test is positive, the employee cannot perform work subject to a TDLR license and may be subject to disciplinary action up to and including termination of employment. If you have been tested for drugs and your results have shown that you are positive for a controlled substance, you may worry about what might happen next.
You may be wondering: Unlike other states, there are no discounts on workers` compensation insurance premiums for Texas employers who maintain a drug-free workplace. There is no doubt that some employees laid off due to a positive drug test will file unemployment claims, workers` compensation claims and lawsuits related to their termination. To protect your rights in employment claims and other legal proceedings, you should obtain written consent from the laboratory to have the laboratory provide your company with copies of test results, including: What happens if an employee refuses to sign the drug testing policy? Texas employers are free to test workers for any substance, including alcohol, using all accepted methods for drug testing, such as urinalysis, blood or hair tests. While you may need to get tested for drugs – whether it`s as part of a pre-employment process, a one-time test, or a “for cause” test once you`re hired – remember that you always have additional protections in place. For example, an employer cannot ask you to take a drug test for discriminatory reasons. In other words, if you believe you have been specifically tested for drugs because you belong to a protected group or category (such as race, ethnicity or another cohort), your employer may have violated your rights. A commonly used drug test is the 5-panel drug test, which detects the above medications. Once the sample is provided, an MRO will review, report, and store all of the lab`s test information. After a positive test result, the MRO notifies the employee or candidate and the employer. As soon as an employer receives the notification of a positive result, he must inform the TDLR within three days.