Drug Testing and Employment: What Types of Jobs Drug Test?

As a preliminary screening option, some employers will drug test the potential employee. Specific jobs are more likely to have a drug screening than others. We will discuss the rights an employer has in regards to drug testing, the employee’s rights, what they are testing for, which jobs require drug testing, and provide everything you need to know about the drug testing process.

Employers have the right to drug test their employees before and after they are hired. While the Supreme Court admits drug tests are an invasion of privacy, they decided in the case of Skinner v. Railway Labor Executives’ Assn., 489 U.S. 602 (1989) these tests are necessary to protect the safety of others. While many jobs that perform drug tests are federal positions, state and private employers have the same right to drug test for any job they see fit.

The Substance Abuse and Mental Health Administration (SAMHSA) states there are no requirements for most private companies to drug test their employees, except for positions related to safety and security. These positions that deal with sensitive and private information demand employees who are not under the influence of illegal substances. Furthermore, jobs in charge of keeping the general public safe should adhere to strict standards of sobriety.

Just as employers have the right to drug test their employees, employees have rights against discriminatory testing. After employment, there are stipulations as to whether an employer may drug test their employees. An employer cannot ask an employee to submit to a drug test for any discriminatory reasons. Employee protections include:

• Disability. Some disabilities resemble the symptoms indicative of intoxication. They include slurred speech, lack of coordination, and disorientation. Employees with these disabilities receive protection by the ADA (Americans with Disabilities Act).
  
  Included in this group is any person who has been enrolled or is actively enrolled in a rehabilitation program.
  

• The Civil Rights Act of 1964 protects all employees from discrimination based on race, sex, religion, or nationality. In regards to drug testing, employees cannot be singled out or required to undergo drug screening based purely on these traits.
  

• The Family and Medical Leave Act (FMLA) protects eligible employees from being fired, demoted, or passed over for promotion when they need to leave for up to 12 weeks to take care of personal or family-related medical conditions.

According to MedlinePlus, the most common ways to administer a drug test include urine, blood, hair, and saliva testing, with urine testing being the most common method. From these tests, labs can determine if an individual has used specific substances. When being drug tested, the most common substances tested for include:

• Marijuana. The National Institute on Drug Abuse labels marijuana as the dried leaves of the hemp plant, Cannabis sativa. While the plant is federally illegal, many states have legalized the plant for adult recreational use. Some states are proposing legislation to protect employees against positive testing of marijuana if the employee is following state laws and not working under the influence of the substance.
  

• Opioids. These include heroin, codeine, morphine, and oxycodone. While some of these drugs are federally recognized as medication and legal with a prescription, using them at the workplace remains illegal. With the epidemic of opioid usage in America, some medical institutions are requiring drug testing after being prescribed opioids. They test to assure the user is using the prescribed dosages to prevent addiction.
  

• Amphetamines. This category includes legal and illegal drugs. Some disorders, like ADHD, obesity, and narcolepsy, require the prescription of amphetamines. The U.S. National Library of Medicine affirms the use of these is illegal without a prescription and that amphetamines are highly addictive.
  

• Cocaine. This stimulant comes from the leaves of the coca plant and is federally illegal. Although it has some medically relevant uses, cocaine remains primarily recognized as dangerous and addictive.
  

• Steroids. These are artificially made versions of testosterone. Bodybuilders and athletes have used them for performance enhancement. The misuse of these without a prescription is illegal. It can lead to mental and physical health issues.
  

• Barbituates. Some disorders, like seizures, insomnia, and preoperative anxiety, require the sedative qualities barbiturates offer. When they are abused and combined with other drugs or alcohol, they are very dangerous. Misuse of them can lead to coma and death. More commonly, usage results in inhibiting side effects such as: drowsiness, difficulty thinking, loss of consciousness, slurred speech, and lack of coordination

There are a multitude of companies across the nation who specialize in drug testing for businesses. For any federal job, employers must use certified labs and follow strict guidelines in the drug testing process. Other positions may not have such strict procedures. It is important to know who is doing the testing, which party pays for the screening, what drugs get tested for, and how accuracy is maintained.

When jobs are putting together their drug testing program, they owe it to their employee to:

• Inform their employees of drug testing methods
• Maintain confidentiality of employee information throughout the testing process
• Assure the chain of custody remains intact to ensure the accuracy of screenings
• Use a trained collector or a certified lab for analysis
• Dedicate a specific person in the company to receive and inform the employee of results

As we discussed earlier, the broad spectrum of employment requiring drug testing includes those dealing with public safety or security. As you’re searching through online job search resources like Joblist, you may get paired with jobs that require drug tests, but you aren’t sure. For that reason, we’ve compiled a shortlist of typical jobs requiring drug testing. This list is far from comprehensive but will help you understand the types of jobs requiring drug screening.

• CDL (Commercial Driver’s License) Drivers. These jobs require the operation of large vehicles. Employees required to drive these vehicles must maintain sobriety while operating, or else they can cause extreme danger to themselves and others. They are mandated to random drug screenings regularly to ensure public safety.
  

• Federal and Government Jobs. All of the drugs listed earlier in this article are federally illegal. For that reason, these jobs require drug screening. Many government agencies deal with confidential information. To maintain public security, those having access to this sensitive information should be drug-free, which drug testing helps to support.
  

• Social Workers. These employees are in charge of making important decisions affecting the lives of the public. Maintaining sobriety is paramount to using their best judgment in those decisions. In addition to being screened prior to employment, they are mandated to random drug screenings.
  

• Counselors. Whether or not they are in the field of rehabilitation, counselors must maintain a clear mind for the same reason as social workers. Public safety and security can be affected.
  

• Positions of Public Safety. These jobs include law enforcement officers, firefighters, and EMT’s are all responsible for keeping the public safe. They are all required to take pre-employment drug screenings as well as random drug tests.
  
• Professional Athletes. Professional athletes are not directly in charge of the public’s safety. However, our society places a high value on the influence of professional athletes for the general public. Additionally, athletes are required to pass regular drug screenings to ensure no competitive advantages, like steroids, are being used.

Whether you’re just joining the job field or you are considering a change in careers, you may find yourself required to participate in a drug test. Hopefully, with this information, you will know your rights, the rights of the employer, and everything else you need to know about the process.

Being required to take a drug test before beginning a position is determined by the employer. For jobs dealing with public safety and security, drug screenings provide the assurance we are all in good hands.