Texas Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
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).
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.
No Drug Testing Statute in Texas Texas 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.
No statute in Texas urges public or private companies to drug test their employees. Employment firms or recruiters can drug test their pre-employment candidates or conduct random drug tests or post-accident drug tests as per their company policies.
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.
Unfortunately, Texas employers can fire employees that refuse to sign an acknowledgment of the drug testing policy. However, employers need to provide the employee with a warning that there is a risk of termination if they fail to sign the policy.
These laws generally state that an employer cannot fire an employee based on the employee's status as a medical marijuana cardholder or participation in a marijuana program.
