Illinois Drug Testing Policy Disclosure and Consent Form
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How to fill out Drug Testing Policy Disclosure And Consent Form?
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FAQ
In Illinois, companies can still conduct reasonable drug and alcohol testing of both current and prospective employees.
Many employers require their employees to submit to drug testing both before and after being hired. Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test.
Why employers should not drug test? Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.
HIPAA privacy laws do not apply to drug testing. To begin with, there is no patient. There is only a donor, or the individual who provides the specimen for testing. Also, there is no medical examination. A drug test is not conducted for any medical reasons, for diagnosis or for treatment.
A drug test consent form is the document you must present to an employee or prospective employee in advance to test for illegal drugs and alcohol. When an individual signs the form, it allows a healthcare worker to obtain a sample from them and a lab to share those results with you.
In Illinois, companies can still conduct reasonable drug and alcohol testing of both current and prospective employees. Though state law allows companies to reject applicants and discipline employees based on a positive test, companies could face legal challenges.
According to the Equal Employment Opportunity Commission, if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.
If your employer decides to fight your unemployment claim, your employer could submit proof of your drug test failure to the unemployment agency. The agency could then deny your benefit claim, meaning that you won't receive benefits while you look for a new job.
Here's the simple answer: Yes, you can say no to a drug test. However, the consequences could be far worse than simply taking it. According to Nolo.com, most people feel drug testing is unfair, which is why their initial reaction is to say no.
For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it. If a drug test leads to a criminal conviction, the information is public record and may be easily found by an employer.
