Key Takeaways

  • Many companies require a pre-employment drug test before hiring a candidate.

  • Different states have varying laws regarding the implementation of drug testing.

  • Types of drug tests include breath, blood, hair, saliva, and urine tests.

  • Common substances tested include marijuana, cocaine, opiates, amphetamines, and alcohol.

  • Employers may also conduct other forms of drug testing, such as reasonable suspicion, post-accident, random, periodic, and return-to-duty testing.

  • Post a job on UpCounsel to find an employment lawyer in your state to ensure compliance as an employer and protect your rights as an employee.

 

A pre-employment drug test procedure is the testing policy many companies require before hiring a candidate. Applicants may have to submit to a drug screening as part of the application process.
 

Here, we will discuss important information for employers and applicants to ensure the process is lawful and fair.

 

Understanding Pre-Employment Drug Testing

Employers often put applicants through a series of tests or screenings, including pre-employment physical or drug tests, to ensure they hire the most qualified, suitable, and responsible candidates. 
 

Employers can subject employees to tests for drugs, as permitted by state law. Employment may be contingent on passing these drug screenings.
 

However, remember that this screening does not test for current impairment; it only tests for previous use. 
 

Each state has different laws on drug testing. Sometimes, state or federal laws regulating the job may require applicants to submit to drug testing. 
 

For example, state and federal drug testing laws cover jobs regulated by the United States Department of Transportation.
 

Other states severely limit the options for employers who wish to perform drug tests on potential employees. These states put boundaries around how and when screenings can be performed.

 

Types of Pre-Employment Drug Tests

Employers have numerous tests available to them, and they may choose to test only for specific drugs or a large variety. 

 

The testing methods may be:
 

  • Breath

  • Blood

  • Hair

  • Saliva

  • Urine

Breath

A Breathalyzer may be used to test an employee's blood alcohol level. This is generally applied if an employee or applicant is suspected of being drunk on the premises. 
 

A breath alcohol test can only test for current intoxication and does not indicate past use.

Blood Test

With a blood test, blood is drawn to determine the amount, if any, of drugs and alcohol in the system. 
 

Generally, blood tests for pre-employment drug screenings are used to find illegal substances. 
 

The most common drugs screened in a blood test are:
 

  • Marijuana

  • Amphetamines

  • Cocaine

  • Opiates

  • Methamphetamines

  • Alcohol

  • Nicotine

Hair

A drug test performed on hair offers the longest period of viewing for past drug use. 
 

Pre-employment drug test procedures that use hair for testing can see a 90-day to six-month window. 
 

Hair tests cannot detect use of alcohol, but can be performed for:
 

  • Methamphetamine

  • Marijuana

  • Cocaine

  • Opiates

  • Phencyclidine

Saliva

Some companies use a saliva test. This test collects a sample of applicants' saliva from inside their mouths. The saliva is then tested and can show drug use ranging from the last few hours up to a few days.

Urine

Urine tests are the most widespread and commonly used method, especially for pre-employment drug screenings. In addition, this method is used for random drug screenings after employment. 
 

With this test, drug use can be detected for varying amounts of time. Still, substances can generally be detected for up to a month. 
 

The most common drugs tested in a urine test include:
 

  • Alcohol

  • Nicotine

  • Amphetamines

  • Marijuana

  • Cocaine

  • Opiates

  • Methamphetamines

 

Why Companies Drug Test for Employment

One of the biggest reasons many companies nationwide participate in drug testing is that it allows them to benefit from Worker's Compensation Premium Discount programs.
 

Many types of jobs also require drug testing because illegal or illicit use of drugs can affect not only an employee's performance but also the lives of others. Using drugs can alter employees' concentration and influence their judgment.
 

According to the National Council on Alcoholism and Drug Dependence, employers pay about $81 billion per year because of drug abuse.

 

Substances Commonly Tested For

Employers can reduce their risk regarding drug testing by working with a lab to get and verify results. Most labs offer either a five-panel or 10-panel screening.
 

The Five-Panel screen checks for:
 

  • Methamphetamine and Amphetamines

  • Cocaine

  • Opiates, including codeine, heroin, and morphine

  • PCP or Phencyclidine

  • Marijuana (THC)

 

In some states, employers cannot make employment decisions solely on marijuana use. This can apply to both medical use and recreational use. 
 

For example, Arizona has statutory language that says employers cannot refuse employment for medical cannabis patients but can for recreational users. 
 

In California, statutory language says employers cannot refuse employment for medical AND recreational users.  
 

Employers who choose a 10-panel screening will have employees screened for:
 

  • Methamphetamine

  • Cocaine

  • Amphetamine

  • PCP or Phencyclidine

  • Opiates, including morphine, codeine, and heroin

  • Marijuana (THC)

  • Methadone

  • Propoxyphene

  • Barbiturates

  • Benzodiazepines

 

Additional testing can be done to detect drugs such as:
 

  • Quaaludes

  • Hallucinogens such as peyote, LSD, mescaline, and mushrooms

  • Inhalants such as glue, hairspray, and paint

  • MDMA, otherwise known as Ecstasy

  • Anabolic steroids


Detection Windows for Drug Tests

Different drugs have different detection windows. The detection window is the length of time the drug can be found in the employee's system.
 

Keep in mind that these are just estimates. The actual time a drug can be detected in your system can vary based on factors like frequency and intensity of usage, how long a person has been ingesting the substance, metabolism, and body weight.
 

Estimated detection windows are:
 

Alcohol

According to the American Addiction Centers, alcohol can be detected in the blood up to 12 hours after drinking, on the breath for 12 to 24 hours, in the urine for 12-24 hours (72 or more hours after heavy use), in saliva for up to 12 hours, and in hair up to 90 days.
 

Amphetamines

Amphetamines, including benzedrine, Dexedrine, Adderall, Vyvanse, Dextroamp, Adzenys, and speed, can usually be detected in urine for up to three days and up to 12 hours for blood tests. 
 

Hair tests can detect amphetamines for up to 90 days after taking them. 


Barbiturates

Barbiturates can be detected in urine samples for up to three weeks and blood tests for one to two days.

 

Benzodiazepines

American Addiction Centers explains that, in urine, short-acting benzos can usually be detected for 24 hours, intermediate-acting benzos can be detected for up to five days, and longer-acting drugs can be detectable for up to eight days. 
 

They also note that if someone chronically misuses benzodiazepines, it could be detected for up to 30 days following last use. 
 

Benzos are detectable in blood tests for up to 24 hours and in hair follicles for four to six months. 


Cocaine

The frequency of use will often determine how long cocaine is detectable in drug tests. 

 

In the case of one-time use, it could be detected for up to 24 hours. It could be detected up to three days later in urine tests for ongoing use. It could be detected for up to 90 days and anywhere between a few hours up to two days. 


LSD

LSD, or acid, can be detected in urine tests for up to eight hours, in blood tests for six to 12 hours, and in hair samples for up to three months.

 

Methamphetamine

According to the American Addiction Centers, methamphetamine or “meth” is generally detectable in urine tests for three to five days. It can be detected in hair samples for up to 90 days and one to three days in blood tests.

 

Methadone

Methadone can typically be detected in urine for up to three days, in blood tests for 24 hours, and in hair tests for two weeks up to several months.

 

Opioids (including Morphine)

Opioids like Heroin, Morphine, and Codeine can be detected in hair samples for up to 90 days and up to two weeks in urine tests, depending on the opioid. 
 

In blood tests, opioids can be detected for up to three days. For example, Codeine is generally detectable in blood for up to one day, while Morphine is detectable for up to three days. 

 

Marijuana

Cannabis can be detected in urine for one to thirty days after use. Blood tests can generally only detect marijuana for a few hours, while hair tests can detect it for up to 90 days. 

 

PCP (Phencyclidine)

The detection window for PCP in urine tests is usually a few days to a week following use. Blood tests can detect PCP for about two to three days, and hair tests can detect it up to 90 days following use. 
 

Aside from a breath alcohol test, drug testing does not determine impairment or current drug use.
 

Everyone should keep in mind that these drug screenings are not perfect. In some cases, marijuana use, when the THC is removed, may not be detected. 
 

Even more concerning for most, however, is that prescription medications may be detected and give a false positive for illegal drug use.
 

That's why employees taking prescription medications should reveal their use before testing so that it can be noted and verified. 
 

Some of the standard prescription medications that a drug screening may pick up include:
 

  • Penicillin

  • Adderall

  • Novocain

  • Oxycodone

  • Hydrocodone

  • Certain weight loss medications

  • Valium

  • Xanax

  • Ativan

  • Rohypnol

 

Pre-employment drug tests can improve company turnover, reduce in-office theft, decrease absenteeism, and improve overall morale.
 

According to the U.S. Supreme Court, urine and blood collection for testing purposes are considered minimally intrusive and not harmful to applicants when the specimens are collected in the correct environment and without direct observation.

 

Best Practices for Employers

As an employer, it’s important to conduct pre-employment drug testing carefully to ensure that you do not violate any laws or infringe on an applicant’s privacy.

 

Here are some best practices to keep in mind:
 

Privacy

Drug screening results are considered personal health information under HIPAA. So, those screening the sample must carefully restrict the information shared. 
 

As a result, employees and applicants may be required to sign a release allowing their employer or potential employer to get the results. 
 

For more information about the Health Insurance Portability and Accountability Act (HIPAA), contact the U.S. Department of Health and Human Services.
 

Alcohol Testing

.Pre-employment drug screening cannot include testing for alcohol use, according to the Americans with Disabilities Act (ADA) of 1990.
 

Clear Policies

Employers who conduct pre-employment or random drug testing must have and abide by a written drug testing policy. It is illegal for an employer to test applicants without their knowledge or in an otherwise underhanded way.

 

Legal and Ethical Considerations

Applicants and employees have several rights depending on the state regulations where they work and live and the specific circumstances of the pre-employment drug test procedures.

 

For example, discrimination can be implied if an employer only tests some applicants and not others. On the other hand, drug testing can be required only for specific jobs or positions.
 

Still, most companies that do drug screenings state in their policy that they treat a refusal to take a drug test as they would a positive result. In the majority of cases, this means the applicant would be denied the position.

 

Preparing for a Pre-Employment Drug Test: Tips for Job Seekers

If you plan to apply for a job, the detection windows we have listed for certain substances will give you an idea of when to schedule the test or your test results. 
 

You can request to view the company's drug testing policy to see when and how they administer drug tests.
 

Stop using an illegal substance as soon as you start considering applying for jobs to allow the drug to leave your system before the test.
 

This is important because some drugs can be detected in urine or blood for a short period of time, while others can remain in your system for much longer.
 

Review any medications you take and consult your doctor to see if they affect drug test results. Tell the employer about any prescribed medications before the test so they can't misinterpret a positive result.


 

SAMHSA Guidelines and Chain of Custody

Federal agencies conducting drug tests must follow standardized procedures, which are detailed in the Substance Abuse and Mental Health Services Administration (SAMHSA).
 

Private employers do not have to follow the same guidelines as federal agencies. However, employers that follow these guidelines are on a more solid legal footing. 
 

The guidelines require a medical review officer to review and evaluate all drug tests. In addition, the SAMHSA guidelines require a sample to be sent to a certified laboratory once it is collected.
 

Generally, the collection site takes various precautions to ensure that candidates cannot substitute specimens or alter the test. Some of these precautions include turning off the water supply and having blue dye in the toilet.
 

Samples and forms for drug screenings are subject to a chain-of-custody document. 
 

This document shows the storage and handling of samples from when they are collected until disposal. It offers written proof of everything that happens to the sample.

Initial Screening and Confirmation Testing

Initial screening is the first analysis done on any sample. 

 

It isn't always accurate and may offer false positives. If the screening is positive, a confirmation test should be performed.

 

The confirmation test is more accurate and offers specific information on the sample. 
 

This helps rule out mistakes made in the initial screening. The first screening and confirmation must match for the test to be labeled positive.
 

In some cases, a single sample is split. This allows one sample to be used during the initial screening and the second for confirmation. 
 

Individuals being tested have the right to request that the confirmation occur at a separate laboratory.

Chain of Custody

If both the initial screen and the confirmation show a positive result, an MRO will review the test results and the chain of custody. The MRO will also contact the individual in question to ensure there aren't other reasons, such as medication, for the positive result.
 

According to SAMHSA, an employer generally pays for requested drug tests. The time required to take a drug screening test is considered work hours and should, therefore, be included in a paycheck.
 

The Wage and Hour division of the Department of Labor oversees these regulations. Employers and employees can contact this division directly for more information.

 

 

Other Drug Screenings for Continued Employment

Employers can require screenings for current employees in addition to pre-employment drug screening. 
 

One of the most common reasons for this is probable cause or reasonable suspicion testing. This test can be conducted when supervisors document behavior that signals possible drug or alcohol use that violates company policy.

Reasonable Suspicion Testing

Employers should have consistent, clear definitions of the types of behavior that lead to this testing. In addition, another manager or supervisor should corroborate any supervisor's suspicion. 
 

All managers should be carefully trained on warning signs because the decision to go ahead with probable cause testing is incredibly subjective.
 

When employees take a probable cause drug test, they usually do not return to work until the results return.

Drug Testing After an Accident

In addition to reasonable suspicion tests, drug testing after an accident on the job is a standard option. 
 

Personal and property damage can result from accidents on the job, and it's in the employer's best interest to ensure that drugs or alcohol are not a factor. 
 

Employers have to weigh carefully the types of accidents for which they will screen for drugs. After all, not all accidents require drug testing.
 

Keep in mind that while a post-accident drug test can show whether an employee has used drugs, the test cannot prove whether this was a factor in the accident. 
 

In fact, most drugs gleaned from the test do not indicate whether the employee was intoxicated at that moment because they only show past use.

Random Drug Testing

Many companies perform unpredictable, unannounced, random drug testing on employees. 
 

Testing pools should be determined ahead of time. Employers can use information such as the employee number, Social Security number, or even department to select employees for random drug testing. 
 

The best way to ensure the selection is truly random is by using a computer randomization program.

Periodic Pre-Scheduled Testing

Some employers engage in periodic testing, which is pre-scheduled and administered to everyone in a company or department. 
 

It may take place annually, quarterly, or even monthly. In general, periodic testing is more acceptable to employees because they know it's coming.

Return-to-Duty Drug Testing

The employer may announce and use additional tests. If employees previously tested positive for drugs and completed treatment, they may be required to take a return-to-duty test. 

Blanket Testing

Blanket testing is similar to random testing, but everyone is tested rather than just a select few.


 

State Restrictions on Drug Testing for Employment

Many states across the country restrict employers from randomly drug testing employees who do not hold safety-sensitive jobs. Employers should take the time to become familiar with the state laws they are subject to.


 

Comprehensive Drug-Free Workplace Programs

Remember that drug testing procedures are only a small part of a comprehensive drug-free workplace program. 
 

Employees should also have written policies that outline expectations in clear, concise language. Training should be implemented for both managers and employees. 
 

It should include a discussion of the reasons for a drug-free workplace and ways to spot potential problems. Employee Assistance Programs (EAP) can help provide referrals and counseling to employees who suffer from a drug problem.
 

Employers who need help drafting a drug-free workplace policy can use the Department of Labor's online Drug-Free Workplace Advisor.
 

Employers should also consult with a well-versed employment lawyer to ensure they comply with all local, state, and federal laws relevant to their drug-free policy or drug testing programs.
 

Implementing a comprehensive drug-free workplace program creates a healthier, safer, and more productive environment for employees. Take the time to educate employees about the dangers of being intoxicated on the job and, overall, drug and alcohol abuse. 
 

Encourage employees who struggle with drug or alcohol abuse to seek help. With these steps, you'll help ensure the community and company are safe spaces.


 

Talk to a Lawyer About Pre-Employment Drug Testing

If you need help understanding pre-employment drug testing procedures, post your legal need on UpCounsel's marketplace and find an employment lawyer in your state. 
 

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