Drug testing policies are reasonable and do not constitute an invasion of the right to privacy of the person being tested if the need to do conduct the drug testing is legitimate and necessary. This form gives consent to pre-employment drug testing.
Massachusetts Consent Form to Pre-Employment Drug Screening
State:
Multi-State
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Control #:
US-00957BG
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Word;
Rich Text
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FAQ
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.
The policy should be set out in your contract of employment or in the company handbook. Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
Massachusetts drug testing laws. Massachusetts has no law regulating or restricting employer's right to require drug testing. There are few limits on employer's drug testing placed by the Federal laws. Employees working in safety-sensitive industries such as transportation, aviation are required to undergo drug testing
No person can be forced to provide a sample of urine, hair, saliva or blood for any purpose. However, if a person has a contractual obligation to provide a sample, and refuses to do it, courts have ruled that, in certain circumstances, that can be grounds for dismissal.
There is no Massachusetts law that limits the types of drug testing that an employer can use (urine, blood, hair, breath, etc.) Massachusetts drug tests may screen for any illegal use of drugs as well as for alcohol.
Although many states have passed laws regulating or restricting an employer's right to require drug testing, Massachusetts has not. Massachusetts legislation does not address drug testing in private employment. However, the Massachusetts Supreme Court has issued a ruling on random drug testing in private employment.
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.
Though Massachusetts law currently permits pre-employment drug screening for any reason (as long as it is non-discriminatory), employers may choose to eliminate standardized testing policies and instead opt to test only upon reasonable suspicion that the employee is under the influence at work.
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.
Though Massachusetts law currently permits pre-employment drug screening for any reason (as long as it is non-discriminatory), employers may choose to eliminate standardized testing policies and instead opt to test only upon reasonable suspicion that the employee is under the influence at work.