Drug Test Without Consent

 

You probably hear of drug test consent forms, but can you drug test without consent? A drug test consent form helps screens employees for drug use. A consent form is useful during reasonable suspicion of drug use. In this form, the employee permits the employer to take a drug test. These tests can include urine, hair, blood, or any other substance abuse samples. While it’s possible to drug test without consent, it can lead to termination. This article takes a deep dive into drug test consent forms.

 

Can an employer drug test without consent?

Generally, employers cannot drug test without consent. However, there are several exceptions. First, underage employees need a parent to authorize the test. Secondly, if the employee is severely high on drugs, the employer may conduct a drug test to determine the substance.

 

When to use a consent form?

When you get severely ill, your doctor may run tests for illicit-drug use without your concern? This is a typical example of a drug test without consent. While this is something possible, it's done for a good reason.

 

Suppose you enter the hospital unconscious. Your doctors must detect whether your condition is because of drugs. Therefore, they must test you even without your consent. Knowing the type of drug in your system is important for doctors. This is especially true if you don’t know about your condition. 

 

But what if you drug test without the consent of the patient? Because employee drug use can negatively impact the workplace, it's useful to conduct drug testing. Employers ensure to make their businesses a drug-free workplace, and safe for other employees. However, it's essential to understand the issue of consent to drug testing.

 

Obtaining employee consent

Employers can obtain consent from their employees before conducting drug tests. Apart from giving permission, consent forms also permit labs to submit test results to the employer.

 

Employers should not do drug tests without consent. Employers must have consent before conducting drug tests on employees. Guides on writing a consent form are available online. They also provide a basis for creating a drug test consent form.

 

Before drafting an employee drug test consent form, you must state your purpose. This is because there are different drug testing consent forms. There exist a random drug testing consent form and a one-time drug test. Furthermore, there is a pre-employment drug testing consent form for new applicants.

 

Employees and applicants can deny consenting to a drug test. However, in most cases, this can make you lose the job. Some states legislations deny former employees from obtaining unemployment benefits. This happens if the reason for termination is because they refuse to take a drug test.

 

Workplace drug testing can be beneficial for industries that deal with delicate materials. In such industries, drug use can lead to accidents and the destruction of company property. Employers need to acknowledge federal laws before testing employees. This also helps in obtaining drug test consent forms from employees before testing.

 

Bottom line

A drug test consent form is very essential in every workplace. They show transparency in a drug test and give employees rights. Employers who decide to a drug test without consent form put their business at risk. Employers should ensure to check on state laws but drug testing employees.

 

Drug test with medical card

 

Cannabis is legal in most US states. However, several states have different drug laws. 

In some states, medical card is possible only for those with specific conditions. This has made many people register for a medical card. While cannabis is still illegal at the federal level you can still consume marijuana. Nonetheless will your company drug test with medical card?

 

When working, using marijuana medically clan clashes with workplace policies of no drugs. This article will focus on common scenarios concerning drug testing medical cardholders.

 

Can you pass a drug test with medical card?

While medical cannabis is legal it doesn’t mean you won’t undergo drug tests. Your medical card won’t prevent you from failing a drug test on cannabis. Private employers may not allow you to consume drugs because of a medical card.

 

Some jobs automatically protect medical cardholders allowing them to use the drug. If you fail a drug test, they won’t sack you. Medical card holders must know the workplace policy on drugs before applying for jobs. Since cannabis is a schedule 1 substance, many employers don’t want their employees to consume it. In some cases, employers drug test with medical card for fear of federal laws.

 

What can medical marijuana patients do about drug testing?

Medical cardholders with specific ailments can contact their employees regarding medical marijuana use at work. While this might be difficult, it may lead to positive outcomes. The work of employers is to listen to employees’ suggestions. Some states have policies that protect medical cardholders at work. 

 

Also contacting your representative can resolve the issue of using medical marijuana at work. However, if it doesn’t work you can do a few things including.

 

·         Consuming hemp-derived products to reduce the risk of testing positive for THC

·         Getting a job in the cannabis industry which allows cannabis use.

·         Stop consuming cannabis until you retire or switch to freelancing

 

Can my employer fire me for having a medical card?

In some states, employers can’t fire you for having a medical card. Also, employees won't refuse to hire you, discriminate against you just because of your medical card. Therefore, it's unlawful for an employer to fire you if you fail a drug test for marijuana. This is possible if you are a holder of a medical card.

 

Can I use marijuana at work with a medical card?

In most states, it’s at the employer’s discretion to use cannabis at work. Most state laws prevent employers from using medical marijuana in the workplace.

 

Employers can also discipline employees for using medical marijuana at work. If you come to work high on THC, it might impact your job performance.

 

However, this contradicts ADA law which requires employers to accommodate workers with disabilities. Medical cannabis patients fall under this law because they use it for severe conditions.

 

Employers must make reasonable accommodations for people with disabilities in the workplace. Regardless, since marijuana is illegal at the federal level, this does not apply to medical cardholders.

 

Bottom line

It’s important to ask your employers if they drug test with medical card. Don’t assume everything is ok until you know the company’s policy. There are no preferences when it concerns drug test with medical card.

Drug Test to Get ADHD Medication

 

Some medications such as narcotics can impair your ability to do a job. Stimulant medications for ADHD can boost a person with ADHD's ability to work effectively. Even so, many companies now require drug tests for new applicants. 

 

Since some ADHD medications can impact drug screenings, they cause a worry for some employees. Employees with ADHD are inquiring about drug test to get ADHD medications. Some worry about employers requesting drug screening. Drugs are usually sensitive to detect the lowest levels of different medications or street drugs.

 

Is ADHD Drug Test an Invasion of Privacy?

Drug test to get ADHD medication is gaining much controversy. However, companies must ensure a drug-free workplace. Despite this, employees find testing for ADHD medications an invasion of privacy. Laws regarding drug screening depend on the state you live in. However, most have protections to ensure privacy while permitting the company's rights. You can check with your state for individual laws.

 

Most employers will have a written drug testing policy that applies to old and new employees. Some companies also provide a list of medications that may produce a positive result. Therefore, if you are on ADHD medications, check the company’s drug testing policy to see if you qualify.

 

ADHD Prescription Medications and Drug Testing

The Americans with Disabilities Act doesn’t support discrimination due to disability. However, it supports drug screening and testing. Due to this, applicants reveal their ADHD condition to their employer to protect their job.

 

Much like ADHD medications, epilepsy medication also gives a "false positive" on testing. Therefore, before drug test to get ADHD medications employers should do the following.

 

·         Allow employees to present medical evidence of their ADHD.

 

·         Employees should be able to request a second, independent test to acknowledge the results

 

·         Employees should possess a written copy of the results of the test

 

·         Employees should have the right to appeal any decision causing loss of employment. They should also appeal any adverse reactions because of the positive drug screening

 

·         Employers should not disclose any medical information through the drug testing process.

 

Employees should discuss with their employer about ADHD treatments before drug testing. However, individuals, believe they should not be forced to disclose their ADHD. This is because it may cause a negative view in the employer's eyes. It can also lead to other forms of discrimination in the workplace.

 

Before taking the drug test, applicants will fill out a form with their personal information. The important information in this form includes any past medications. You should also ask your doctor to provide documentation for your prescription. This information can make some drug testing agencies avoid including a positive result.

 

If you undergo drug tests without indicating your medication, you should be able to explain any positive results. The drug testing center must acknowledge your use of ADHD medications before sending them to your employer.

 

Bottom line

Talking to your employer about your attention deficit hyperactivity disorder (ADHD) is a complex task. Therefore, you should avoid making such decisions impulsively. Not all employers drug test to get ADHD medications. Some employers may discriminate by increasing employee rankings and others may become unfair. If you feel discrimination due to ADHD medication, file a complaint with the Equal Employment Opportunity Commission.