Substance Abuse Testing

Many employees are not aware of their rights when it comes to substance abuse testing in the workplace. Some employers take advantage of their ignorance in the matter and may decide to implement screenings when they do not have the authority to do so or in moments that do not warrant a screening.

Testing can happen at different intervals of the employee's job term. Testing may happen just before employment to determine any possible abuse among potential employees. Testing may also occur if drugs are found on the premises or the employee may be chosen for testing at random. Some employers do not always choose employees at random. Though not impossible, it can be hard to determine how an employer intentionally singles someone out for a screening.

Many employers must also abide by the federal procedures that have been set by the Substance Abuse and Mental Health Services Administration or SAMHSA. Not all employers are required to follow these standards, but procedures can be brought into a court of law if they are a threat to the safety of the employee or are deemed unnecessary by the law.

Some laws require that employees or potential employees be notified ahead of time in regards to testing. Employees should also be informed that they may be asked to test for drugs within the term of their employment. Employees can also deny a drug or alcohol test.

Contact Us

If you or someone you know has gone through a drug screening process that seemed unnecessary or against your rights, contact the Houston employment lawyers of the Ross Law Group at 713-482-6910 today