South Dakota General Consent Form for Drug Testing

State:
Multi-State
Control #:
US-00955BG
Format:
Word; 
Rich Text
Instant download

Description

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 is a generic example that may be referred to when preparing such a form for your particular state.

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FAQ

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.

The State has implemented a drug testing procedure for applicants and employees in 1) safety sensitive positions and 2) positions requiring a commercial driver's license.

Federal, state and local governments do not require private employers to conduct employee drug tests, but they do establish drug testing programs, regulations and policies for their own civil service jobs. If you work as a civil service employee, you must comply with regulations on drug testing or risk losing your job.

No they do not drug test.

Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.

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.

A covered employee shall be subject to drug and alcohol testing on an unannounced and random basis. Each covered employee shall be in a single pool composed of all State employees covered by this Plan from which random selection is made.

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.

Drug testing and your rightsYour employer may decide to test employees for drugs. To do this, however, they need the agreement of employees. This should normally be given where your employer has grounds for testing you under a full contractual occupational health and safety policy.

You can't be made to take a drugs test, but if you refuse when your employer has good grounds for testing you under a proper occupational health and safety policy, you may face disciplinary action This could include being sacked.

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South Dakota General Consent Form for Drug Testing