The Need to Know on Drug Testing Employees Rights

Many workers think that random drug testing is appropriate; but only if the test is conducted to enforce safety in the workplace. In recent developments, more and more companies and employers in other industries are beginning to consider drug and alcohol testing. This is to ensure that the business maintains a work environment for the employees that is entirely drug-free. Drug testing employees rights are things to consider if you want to implement an alcohol and drug policy. 

Drug Testing Employees Rights


Getting consent is the most important thing to keep in mind. As an employer, you cannot force your employees to undergo a drug or alcohol test regardless of what kind of test you will use. So how can you, as an employer, ask for consent to start a drug or alcohol test? You can go about this by incorporating and implementing a drug and alcohol policy that should then be accepted by all the employees subject to employment.  

Declining a drug or alcohol test 

Your employee does have drug testing employees rights and can opt to decline an invitation to a drug or alcohol test. But following your workplace drug and alcohol policy, the employee can face disciplinary action. Therefore, it is vital that your workplace drug and alcohol policy clearly states what happens if an employee declines a drug or alcohol test. 


If you are conducting a mandatory drug test, this raises privacy-related concerns. With this, you are obligated to provide assistance and help your employees clearly understand the drug testing legislation by taking regular drug and alcohol testing courses. 

Any employer considering implementing random tests needs to ensure that they have included this in their drug and alcohol policy to help guide the process. The terms for the drug test must be advised to the employees in advance before starting the process. 


As an employer, you will need to have a clear policy about why you are testing for drug and substance abuse. You have to ensure that you clearly outline why you are doing the drug and alcohol tests keeping in mind the drug testing employees rights. 

Types of Test

There are various conditions that you may want to perform drug tests on your employees: 

  • Pre-employment tests
  • Random drug tests
  • If you believe that a specific employee is under the influence while at work
  • A follow up test if a drug-related accident occurred in the workplace


If you are looking for a reliable alcohol breath test device, BACtrack provides you with various options. From personal breathalyzer units to workplace breathalyzer units. 


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