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Employees may refuse to take a workplace drug test but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job.
The new DOT waiver allows employers to forgo drug testing for drivers who were in a testing program within the previous 90 days.
The purpose of the Drug-Free Awareness Program is to provide detailed information to employees about the dangers of alcohol and/or drug abuse in the workplace, the available drug counseling, rehabilitation and employee assistance information and the penalties that may be imposed for alcohol and/or drug abuse violations
(a) As an employee, you have refused to take a drug test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
Refusal to take a drug test can result in termination of employment, and refusal to take a court-ordered screening could result in legal charges.
Arizona Rules for Job ApplicantsArizona employers may (but don't have to) require applicants to take a drug test as a condition of employment. The employer must inform applicants if drug testing will be required. An employer may refuse to hire an employee who will not submit to a drug test.
Hawaii public school teachers signed off on first-in-the-nation statewide random drug testing in exchange for pay raises, but now the state claims the educators are trying to take the money and run.
Hawaii is a mandatory state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply (the rules).
In many states, employers have the legal right to test job applicants for drugs or alcohol provided the applicants know that the testing is part of the interview process for all employees. In most situations, the testing cannot be conducted until the applicant has been offered a position.
The State Department does not test people before they are hired, and it has no time period for which applicants must be drug free before joining its ranks.