In addition, you need to know what constitutes a violation of drug policy. For example, your employer may have a “zero tolerance” policy whereby any positive drug test result gives them the authority to quit. Other employers may offer a more flexible approach whereby workers may not test positive for drug use above a certain threshold. The rules for drug testing vary depending on whether the employer operates in the private or public sector. There is virtually no limit to the drug tests that a private employer can perform. For people without a criminal record, failure to take a workplace drug test may not lead to further police investigations. However, if you have allegations or are on probation, you may worry about how failing your drug test will affect you. Your company`s drug testing policy should emphasize the need for workplace safety, productivity, and quality assurance, and address critical issues such as: In this article, we`ll cover the basics of Texas workplace drug testing laws, These include: There is no workplace drug testing law in Texas that restricts the right of private employers to implement drug and alcohol testing policies for their employees. This gives private state employers the right to require workers and applicants to undergo drug and alcohol testing, as long as they do not violate federal regulations on discrimination, defamation or invasion of privacy. 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. To counter frivolous claims from disgruntled former employees, your company should 1) have a comprehensive policy for workplace drug testing, 2) maintain careful documentation in all cases where an employee is fired, and 3) consult with your Texas labor law firm before firing the employee.
Although Texas law does not regulate guidelines for workplace drug testing, employers must ensure that they apply the policy uniformly to all employees, protect employee test results, and avoid potential employee lawsuits for: If your company already has a drug testing policy, Consider having your labor attorney review your company`s current state and state compliance policy and Review federal laws and make sure your company`s policy meets your goals. Please contact On The Go Mobile Phlebotomy for more information about drug testing laws in Texas. Please feel free to contact one of our Murray Lobb attorneys for our legal advice on Texas drug testing guidelines. We will continue to be available to help you with all your general business planning, construction, business and estate planning needs. Register online for a drug test by clicking on the “Register Now” button below. You can also call (888) 378-2499 if you have any questions about our drug testing services. What happens if an employee refuses to sign the drug testing policy? • Pre-employment drug testing – All applicants who have received a conditional job offer must pass a drug test before receiving a final offer. In addition to state laws, federal regulations apply to certain employers in the commercial transportation industry.
More information is available here. 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. Many employers require their employees to undergo drug testing to prove that they are not secretly using illegal drugs in the workplace. As a result, thousands of Texas workers will eventually have to be tested for drugs. This requirement can apply to both minimum wage and white-collar fast food workers. The consequences of failing a workplace drug test should be clearly stated in the policy and applied consistently to all employees without preferential treatment. Drug testing can be highly controversial and its legality has been questioned several times over the years by civil rights activists and labor rights advocates.
Texas has its own rules and regulations regarding drug testing. That includes who can do it, when it`s legal and when someone can be fired because of it. 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. Unlike other states, there are no discounts on workers` compensation insurance premiums for Texas employers who maintain a drug-free workplace. If you`re unsure whether your company is 1) required to test employees for drugs or 2) limited in the types of drug tests you can perform, contact your Houston employment lawyers at Murray-Lobb for advice specific to your location and industry. 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. 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. Under the TDLR model, employers must conduct drug testing at the following times: Copies of the company`s drug testing policy must be provided to all employees, and all employees should be required to return a signed copy of the policy. A drug test should also be conducted with respect for the employee`s privacy. If you are given a cup to urinate in public, it can also be a violation of your rights.
• Random drug testing – An annual random drug test of at least 25% of employees is required. Random testing must be conducted between 15 minutes and two hours after notifying the employee that they are being tested. 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. 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. Employers may have many valid reasons for drug testing. These reasons may include: 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 (RMO), 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. The employee who reports unemployment will deny drug use, and TWC will side with the employee unless your company can prove positive test results.
Ensure that each employee signs a release form authorizing the disclosure of test results to 1) the employer and 2) any court or government agency involved in the employee`s claims or lawsuits. Failure to take a drug test during a hiring selection could result in disqualification for employment. On the other hand, if you`re already busy and failing a drug test through a random or “cause” test, you may face one of the possible scenarios: While pre-employment drug testing and random drug testing are legal, there can be problems with: There is no doubt that some employees who are fired due to a positive drug test: Unemployment claims, employee compensation claims and actions related to their termination. All drug tests must be performed using fractional sample urinalysis, and all urine samples must come from a laboratory certified and supervised by the Federal Department of Health and Social Care (HHS). Testing must be performed for the following substances: If you were caught in possession of a controlled substance, you could face criminal offenses and jail time (under Texas Health and Safety Code Title 6 Section 481). If you are facing drug-related offences, you may want the help of a drug crime lawyer on our team who can explain your options and build a defense. In most cases, Texas employers are free to test their employees for drugs or not require drug testing in the workplace, but there are many exceptions, including: No disciplinary action can be taken against employees who voluntarily identify as drug users, receive counselling and rehabilitation, and comply with subsequent return to work and testing.
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