Drug screening is all too common in the workplace. Despite this, nobody can require you to take a drug test unless there’s a valid reason to suspect drug use. Generally, companies include drug screening in their hiring process for safety purposes. However, they need to meet certain criteria before they can schedule and conduct anything.
In this article, we’ll be going over how you can refuse a drug test and what to do when you can’t. Keep reading to get all the answers you need about company and state drug policies!
What Happens If You Refuse a Drug Test?
Although employers can’t force you to take a drug test, they can discontinue reviewing your application process especially if it’s a requirement under their drug policy. Simply put, you won’t get the job. Refusing to take a test is within your right but companies similarly have the right to refuse to hire you based on this.
Who is Most Likely to Be Tested?
Positions that involve handling machinery, supervising patients who need special care, delivering goods, and directly interacting with customers are among the most likely candidates for drug testing. These jobs all pose safety risks concerning others so it’s essential that employees aren’t under the influence of any substance as they work.
State Laws Behind Drug and Alcohol Testing
There are particular state laws that support employers in administering company drug and alcohol testing. However, there are guidelines that they need to follow like:
- Fair Testing. To avoid the discrimination of certain groups or individuals, there has to be a standard procedure for drug and alcohol testing. This is to be strictly followed to make sure that everyone is given the same treatment.
- Request For Consent. Applicants should be informed about the drug test requirement upon job inquiry. They also need to sign a waiver acknowledging their willingness to take the test for employment. Once they agree, their only options are to take it or withdraw their application completely.
- State-certified Lab Administration. All tests should be handled by labs that have been certified by the state to review these samples. This creates transparency so that samples aren’t tampered with at any point in the process.
- A Job Offering. Employers must have already offered the job position to potential employees to justify the need for drug testing.
List Of States With Drug Testing Laws
While states may differ in their drug and alcohol testing laws, there’s a lot of information online about how they’re regulated. Some include drug testing in public schools, only for specific job positions, or as a prerequisite to being hired. Below are the current states that implement standard state drug testing policies:
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
Fast Facts: When Can You Refuse?
Can I refuse a court-ordered drug test?
No. Unfortunately, there’s no way out of a court-ordered drug test unless you can disprove the reasonable suspicion raised against you. In the first place, a court order can only be filed if there’s a valid need to have you tested due to inappropriate behavior or misconduct that endangers others.
Can I refuse a drug test from my doctor?
Yes. Even if a doctor advises you to take a test for medical purposes, it’s still up to you whether you want to take it or not. But if you were caught disrupting safety in their facility through your behavior, the staff could call for a court-ordered drug test which you’d have to complete.
Can you refuse a school drug test?
Yes. Students are protected under the Fourth Amendment of the Constitution which states that the school has to establish reasonable suspicion to request a student to take a drug test. Additionally, school officials have no right to search your belongings for drugs either because this violates the amendment.
On the other hand, they can require students involved in extracurricular activities to take a test. This is to prevent students from abusing drugs at an early age, especially since it’s common practice in sports activities.
Random Testing: How To Refuse A Random Drug Test At Work
Random testing is done as a preventative measure to keep employees from using drugs while they’re currently working in the company. One to two check-ups are typical every year depending on your employers and job title.
Despite this, there are several instances when you can refuse to take a test. These are how you can get yourself out of particular situations involving drug screenings:
- Look into your state drug policy regarding blanket drug and alcohol testing. Some states don’t allow companies to just test anyone they want to without an adequate reason.
- If you’re asked to do a test but you weren’t involved in any on-the-job accidents or incidents that justify your employers checking for drugs, you can contest their claims.
- If you have a mental health condition that requires you to take medication and want to keep this private, you can refuse especially if you weren’t aware of their drug policy upon being hired.
Is It Better To Refuse Or Fail A Drug Test?
Neither choice is ideal. Refusing to take a drug as an applicant means you won’t get the job and refusing it as an employee leads to disciplinary action with a high chance of being fired.
Similarly, failing a test has a bad outcome. You’ll either be 1) suspended with a requirement to enter a drug program as a condition to continue working in the or company or 2) fired immediately.
How To Pass Drug Testing In The Workplace
Instead of refusing or risking a failed drug test, it’s a much safer route to just take the drug test and get clean results. Luckily, there are several fool-proof ways for employees to achieve this with the right products.
The most common test that employees have to take are urine drug tests. To get clean results for either a supervised or unsupervised screening, use Clear Choice Sub Solution. With its chemically-advanced formula, this synthetic urine sample will appear identical to real pee.
For supervised tests, you’ll need a realistic urination device from Monkey Dong to pair the solution with to convince testers.
Blood tests are extremely accurate but they have a short time detection window. This means that test administers usually need to test you within the same day you used a substance to find any traces of it.
Despite this, it’s better not to take any chances especially since it’s hard to predict how long drugs might stay in your system. To pass a blood test, use Toxin Rid 10 Day Detox. These pills guarantee to flush out all detectable traces of drug toxins so you can pass a blood, urine, and even mouth swab test.
Mouth Swab Test
Passing a mouth swab test is as easy as using mouthwash with Toxin Rid Rescue Wash. It only takes 3 consecutive rinses with Rescue Wash to effectively flush out any remaining toxins in your mouth. It’s a very promising product and it’s not hard to see why it’s received a ton of awesome feedback.
Hair Follicle Test
Hair tests are notoriously difficult to pass because they can detect drug metabolites within the last 90 days. Luckily, Old Style Aloe Toxin Rid Shampoo does an amazing job of cleaning your hair and scalp. It works within 3-10 days after several washes and the results are definitely reliable. We’ve a general guide on this site on the best hair follicle shampoos.
Get It Over With and Pass
While refusing a drug test is possible in particular situations, it’s often easier to just get it over with and pass. With effective products to help you achieve clean results, there’s pretty much no reason to refuse or fuss over any drug screening.