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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.
For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. 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.
In Maryland, businesses are allowed to require job applicants to take drug tests as a condition of employment. Under Maryland law, businesses can only test employees for a legitimate business purpose. Furthermore, the sample must be tested by a licensed laboratory.
(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.
4 Ways to Dispute a False Positive Drug Test While On ProbationAsk for a repeat test as soon as possible.Reveal the substances you have been taking that might have caused inaccurate result.Request a more advanced method of testing for verification.Get assistance from your union or a private attorney.
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.
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.
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.