Legal Q&A: Alcohol And Drug Testing

Drug testing as all of us know, is not a mandatory one or an entry formality in all the organizations. But if you are demanded or requested to do so in your company, you, as an employee, have all the rights to question the company regarding this test. There are few things that need to be legally explained and proved to the employees before and after the test.

  • Employees have the rights to question the necessity of the test. Employees are to be informed well in advance about the test so that they are prepared for it and that it does not come to them as a surprise. These tests cannot be conducted in secrecy, especially without the knowledge of the employees for this is an offense and the employee has all the rights to sue the company for this.
  • The company should make sure that the employees are aware of the existence of a drug policy in the company and they should also be educated on how it would be, what the policy is about exactly and how, when and for whom, in what situation is this mandatory. The testing processes and techniques should be clearly outlined and the reasons for doing so should also be elaborated.
  • Any information about an employee, who has undergone a drug test is kept and maintained confidentially under the Data Protection Act 1998. Employers have no rights to make a report public which if done would beckon a legal action.
  • If an employee`s reports prove positive, the employer should go back to the procedures, mandates and statutory principles of the company before making a decision.

Generally, the hair follicles are tested first to study a person. How to pass a hair drug test in 24 hours?- this is for those who are addicts. Its simple,