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.
Texas General Consent Form for Drug Testing
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State:
Multi-State
Control #:
US-00955BG
Format:
Word;
Rich Text
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Description
How to fill out General Consent Form For Drug Testing?
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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.
Employers cannot perform drug tests on employees who have not given their written consent. While workers do have the option of refusing to sign the policy, it is usually possible to fire them for declining.
No Drug Testing Statute in Texas Although many states have passed laws regulating or restricting an employer's right to require drug testing, Texas has not. Texas legislation does not address drug testing in private employment.
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.
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.
Failing a Drug Test While Employed in TexasYou may lose your job. Or, your employer may require you to take a second test so you can prove that you cleaned up your act. Other employers will subject the employee to an education or rehab program with a deadline.
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.
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.
No Drug Testing Statute in TexasTexas legislation does not address drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a drug test, as long as they don't run afoul of other legal protections.
In fact, the Texas Workers' Compensation Act notes that businesses with 15 or more workers should give the details of their drug testing policy. Employers must also provide details about drug violation penalties to their workers, per the Texas Workforce Commission (TWC).
