Texas Memo to All Employees Regarding Drug Testing
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How to fill out Memo To All Employees Regarding Drug Testing?
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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.
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.
Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.
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.
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.
When Failing a Drug Test in Texas Will Have Legal Consequences. If you are currently on probation, you should be more worried about failing a drug test. Judges may require offenders to submit to drug testing throughout the course of their sentences. Failing the test could eventually mean that you go back to prison.
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.
Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.
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).
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.
