Puerto Rico Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
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 EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is innocuous and won't bring out information about a disability.
Response: During the interview, asking candidates whether they are taking prescription drugs or have a history of using unlawful drugs would be prohibited under state and federal disability discrimination statutes. Employers may ask whether the applicant can perform essential functions of the job.
(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.
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.
During the test, a health care professional will take a blood sample from a vein in your arm, using a small needle. After the needle is inserted, a small amount of blood will be collected into a test tube or vial. You may feel a little sting when the needle goes in or out. This usually takes less than five minutes.
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.
According to LawInfo.com, if you are interviewing for a job, your prospective employer cannot even ask you about any substance abuse treatment that you might have undergone in the past.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
