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Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
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. The employer's written policy is key in this situation.
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.
An employer may request or require a job applicant to undergo drug and alcohol testing provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position.
(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.
Drug Testing for Minnesota EmployeesMinnesota employers are not required to drug test employees, and they may not test on an arbitrary or capricious basis. Employers may require testing only according to a written testing policy, which must set forth the consequences of testing positive or refusing to take a test.
Within 3 days of the employer receiving the test results, the employer must inform the job applicant in writing of the test results, as well as the employee's rights under DATWA. A job applicant also has the right to request and receive a copy of the drug or alcohol test from the employer.
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.
Within 3 days of the employer receiving the test results, the employer must inform the job applicant in writing of the test results, as well as the employee's rights under DATWA. A job applicant also has the right to request and receive a copy of the drug or alcohol test from the employer.
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.