Virginia Drug Testing Policy Disclosure and Consent Form
Description
How to fill out Drug Testing Policy Disclosure And Consent Form?
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FAQ
According to the Equal Employment Opportunity Commission, if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.
In Virginia, there is no general statute requiring or regulating drug testing in either employment or pre-employment.
Here's the simple answer: Yes, you can say no to a drug test. However, the consequences could be far worse than simply taking it. According to Nolo.com, most people feel drug testing is unfair, which is why their initial reaction is to say no.
The policy should be set out in your contract of employment or in the company handbook. Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
Under the law that went into effect July 1, employers still can test as a condition for employment and take disciplinary action against employees for marijuana use, though the change in the law may prompt employers to revisit some of their internal policies.
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.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
Under the new Virginia employment protections law, if the employee discloses that he or she has a medical marijuana card, and the drug test then comes back positive for marijuana, the employer may not terminate or discipline the employee solely on the basis of the positive test.
No Drug Testing Statute in Virginia Although many states have passed laws regulating or restricting an employer's right to require drug testing, Virginia has not. Virginia legislation does not address drug testing in private employment.
HIPAA privacy laws do not apply to drug testing. To begin with, there is no patient. There is only a donor, or the individual who provides the specimen for testing. Also, there is no medical examination. A drug test is not conducted for any medical reasons, for diagnosis or for treatment.
