Is it Legal to Implement a Workplace Drug Test?
For Business Owners, finding valuable, reliable employees is more important than ever. With that said, the world is certainly a different place than it was even 10 years ago. As Americas Drug overdose epidemic has only worsened, reported drug use and it’s horrific consequences have become a national crisis. For industries that fall into the category of public safety and transportation, drug testing both employees and applicants has become business as usual.
What about everyone else?
Many employers have considered implementing a drug-free policy in the workplace to protect both the company’s interests as well as the employees. In 2019, it’s almost become routine when submitting an application for employment. Some have wondered, and even questioned the legality of testing in the workplace- even going so far as to declare that it infringes on human rights. Is it really legal to drug test an individual? The short answer is yes, although employers do in fact have to follow regulations.
Drug Testing Laws
According to employment.findlaw.com The United States Supreme Court has held that both blood and urine collection is minimally intrusive procedures that are not harmful to job applicants or employees when they are conducted in the employment environment. Today, many States have the legal right to test their job applicants for drugs and alcohol as long as the individual is aware that this procedure is, in fact, part of the application process.
This is to say that the candidate needs to be actually offered the position before any test is to take place. Of course, each State has its own specific laws governing workplace drug testing. For instance, The state of New York has no law addressing testing in private employment. Also, Alaska’s drug testing law does not require any employers to conduct workplace drug or alcohol testing. What about here in the state of Florida?
Florida Drug Testing Laws
If a Florida employer implements the drug-free workplace program, they are required to have their applicants receive a drug test – they must be offered a position with the company. What about employees? Florida employers with a drug-free workplace program are required to test their employees under a few conditions:
- Reasonable Suspicion – If the employer observes any abnormal behavior or suspicious activity. Also, this could be a response based on a report of drug use
- Post-Rehabilitation – the employee returns to work after completing rehabilitation based on drug abuse in the past. A test is not required if the employee entered rehab voluntarily, rather than after a positive result.
- A Routine fitness-for-duty Medical Examination -this is a medical examination of a current employee to determine whether they are physically and psychologically able to perform the job
- Post Accident – this is conducted after a workplace accident. This test will help shed light on whether drug use was a determining factor leading to the accident.
The Drug-Free Workplace Program – Florida
When the Florida Legislature enacted a State law titled Florida Drug Free Workplace, it provided the requirements that an employer must follow in order to be eligible for certification as a Florida Drug Free Workplace.
According to information from nolo.com:
“When an employer establishes their drug-free workplace program In the State of Florida, they can qualify for a discount on their workers’ compensation insurance premiums. However, employers must follow the state’s rules to get their discount. Florida employers must test in certain circumstances and must observe certain procedures intended to protect employee and applicant rights.”
These incentives, no doubt provide a series of measures to promote a safe, healthy and drug-free work environment. Employers are encouraged that they will receive peace of mind regarding their policies and their safety procedures. They can certainly expect a reduction in work-related accidents, and no doubt an improvement in company morale.
What Does Drug Testing Accomplish?
As mentioned, testing for drug abuse can be used to either qualify or disqualify a potential candidate for employment. However, it can also be used for legal purposes as well. It can be the determining factor in investigations as well as shed light on vehicular accidents.
In today’s world, Parents have utilized Drug Tests to screen individuals hired for childcare. Parents have also, in turn, used these tests to identify sobriety in their own teenage youngsters. One of the many advantages of what Drug Testing accomplishes is the fast and reliable results provided. Single-use Tests can be purchased at 12 Panel Now, for just a few dollars, however, for those who require these products in bulk, they can expect to pay wholesale pricing for larger orders.
Can I Purchase a Single Use Drug Test?
12 Panel Now offers Drug Tests in Bulk, or for single use. If you are concerned about how someone will fare on a Drug Test, or simply wish to test yourself, it’s a fairly easy process taking only a few minutes. Our Single Use 12 Panel Urine Drug Test detects 12 commonly abused drugs.
After the donor seals the urine in the leak-proof container, it is then handed off to the evaluator. What makes the process streamlined is that the strips used to indicate the test results are sealed within the container. For hygiene reasons, this is ideal. When it is time to view the test results, the evaluator simply peels away the outside label revealing the strips with each individual result.
The test results will appear within a few minutes. Results should be evaluated within 5-8 minutes. Results should not be evaluated after 1o minutes.
The 12 Panel Drug Test Kits are designed to detect 12 of the most abused and commonly used drugs. However, depending on your needs, you can purchase other kits that test for different drugs. For instance, the 13 Panel Drug Test Cup includes all the same drugs tested within a 12 Panel Test with the addition of the drug Fentanyl (FYL). There are also variants of the typical 12 Panel Drug Test that include drugs like phencyclidine, or PCP.
If you have any questions or concerns regarding our product or wish to place an order, feel free to call us at (888) 936-6627