can-an-employer-drug-test-after-hiring

Can an Employer Drug Test After Hiring?

Who Requires Drug Tests 

Can an employer drug test after hiring? Not all companies and employers are required by law to test for drugs and alcohol. However, companies and businesses in some industries are required to have and implement a drug and alcohol policy to test aspiring job applicants and current employees in specific roles like: 

  • transportation 
  • safety 
  • defense 
  • transit 
  • aviation 

Industries that often require drug and alcohol testing for their employees are:  

  • hospitals,  
  • schools, and universities.  
  • federal, state, and county applicants and employees  

Drug and Alcohol Testing Employees 

Companies and employers should keep in mind that they outline their drug and alcohol policies clearly. Can an employer drug test after hiring you? The answer is yes, and you may even be selected for random drug testing, as stated in the company policy. If the company has justifiable reasons to believe that an employee may be under the influence of drugs or alcohol on the job, for-cause drug testing may be permitted. If excessive absence from work or tardiness is becoming an issue, or if the employee is not performing their work duties, they may need to undergo drug and alcohol testing. 

Why can an employer drug test after hiring? If permitted by law, employees may be required to undergo drug and alcohol testing before they can be promoted, when workplace accidents occur, or as a continuing condition of employment. If an employee refuses a drug or alcohol test, there could be disciplinary actions, or they may even be dismissed from the job. 

When a drug or alcohol test is required 

When can an employer drug test after hiring? There are rules for implementing drug and alcohol testing in the workplace. The policy must outline the terms and consequences of drug and alcohol screening. As an employer, you should obtain written consent from the employee to be tested. The pre-employment agreement will form the basis of advance consent for either periodic or random drug and alcohol testing. 

Drug and alcohol policy 

You must create and implement a drug and alcohol policy that clearly outlines can an employer drug test after hiring, including as well how and when it can occur and who will undergo testing. 

Zero tolerance policy – If the company policy includes zero tolerance. An employee that tested positive may be terminated immediately. 

Second chance policy – If the company policy offers a second chance policy. The employee is required to complete a substance abuse program. According to the implemented company policy, if the employee doesn’t finish the program, they may be dismissed from the job. 

 

BACtrack offers police-grade accurate workplace breathalyzers. You can purchase them here.

 

Related Articles: