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(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.
The new DOT waiver allows employers to forgo drug testing for drivers who were in a testing program within the previous 90 days.
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.
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.
Common excuses for failing a drug testIt must have been something I ate.I kissed my boyfriend after he smoked a joint.My dentist gave me something strong for a sore tooth.I ate a lot of poppy seed muffins for breakfast.I failed because of second-hand marijuana smoke.More items...?
The US Department of Transportation recommends that you always comply, then complain. Even if you don't agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.
You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.
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.
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.