Federal law does not require nor prohibit drug testing in most industries. This leaves it up to the individual states to determine restrictions and regulations relating to drug testing. In Texas, the legislation does not specifically address private drug testing policies. This leaves it up to the employer to decide whether or not to administer drug tests.
For both Texas employers and employees, it is important to know what this lack of legislation means.
For those with disabilities, certain medications can cause a positive test. In these cases, The Americans with Disabilities Act protects these employees from being fired or not hired as the result of a positive test for these medications.
What this means for employees with disabilities is it is important to let your employer know medications you are taking in the event of a required drug test. For employers, it means you could be liable for not hiring or firing an employee based on a positive drug test that resulted from a legal prescribed medication.
While you can require a drug test for employment, as a business owner, there are certain privacy concerns you must be aware of. Some employers use take home drug tests to conduct the tests. There is nothing against this; although, privacy concerns can come into play regarding how the test is conducted. .
One way to avoid these privacy concerns is to use a drug testing lab.
Employers have the right to drug test their employees in Texas; however, they do not have the right to choose who to test based on age, sex, gender, etc. Singling out a group of employees for drug testing could end with a discrimination claim against the business.
Drug testing can create a safe work environment for all employees, but it is important to know the laws and possible drawbacks of drug testing. If you are in need of more information or are looking for a drug testing lab for your business, contact us at Drug Screen Compliance. We have six locations to assist with your drug testing needs.