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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.
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.
The constitutional right to privacy almost universally prohibits random drug testing in California. For most jobs, an employer must give notice to all current and prospective employees before a drug test.
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.
Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.
Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.
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.
The Basics on Drug Testing in Indiana Unlike other states, and with limited exception, Indiana does not regulate drug testing by private employers. As a result, employers have wide latitude in selecting appropriate testing protocol(s) for their workplace.
A doctor should not take any sample without getting the 'informed consent' of the person being tested but nowadays most samples are not taken by doctors, and technicians working for a drugs testing company are not covered by the same ethical framework.
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.