Question:
Does anybody here know what rights workers have when asking about
specifics of a company's drug testing policy? I work for a company
that does random drug testing. I'd like to ask them the following
questions:
1. Who handles the drug testing? (i.e. another company, a hospital, or
onsite tests?)
2. Does a positive onsite test get confirmed by a laboratory?
3. What percentage of employees get tested each year?
4. How much notice do workers get for a drug test? What is the
sequence of events in a random drug test?
The company handbook is very vague about the drug testing policy and
doesn't address these issues. Which of these questions can the company
refuse to answer and which ones do they have to answer? I'd appreciate
some links to relevant pages.
Answer:
My advice is not to even ask about drug testing policies. That always
makes them suspicious and it guarantees you will be selected for a
"random" test. If you are in a lower-wage job you probably won't be
selected unless they are suspicious because drug tests cost money, and
in higher-wage jobs they probably also wouldn't select you unless they
were suspicious and trying to get rid of you anyway. If they are happy
with your performance and there are no readily-available replacements
you probably will never be selected.
Safety-related jobs do randomly test as it is usually required under
federal and state laws, e.g. truck drivers. High-security jobs would
also randomly test because drug use can open the door to blackmail
(e.g. give us the top secret information or we'll tell your boss
you're a pothead). But burger flippers don't get tested, the initial
test is just to screen out the hardcore druggies who can't even stay
clean long enough to get the job they want and also to satisfy their
insurance company.
The fact that your company is very vague is a good sign. My last
company didn't do an initial drug screen but the policy warned that
"random" or reasonable suspicion screens were allowed, and of course
if they actually did it they would have no employees. We were high
as kites all day long and even the boss was a druggie.
