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Top 10 texas pre employment drug testing laws That Will Change Your Life

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What Are Texas Laws Regarding Drug Testing?

Drug testing can be quite controversial, and its legality has been called into question several times over the years by civil rights activists and labor advocates. Texas has its own set of rules and regulations regarding drug testing. These involve who can perform it, when it is legal, and when someone can be fired because of it.

Many employers require their employees to submit to drug tests to demonstrate that they are not secretly using illegal drugs on the job. As a result, thousands of Texas workers will have to take a drug test at some point or another. This requirement may apply to minimum-wage fast-food workers as well as white-collar professionals.

Private vs. Public Employers

The rules for drug testing vary depending on whether an employer is in the private or public sector. There are practically no limits on the drug testing that a private employer can conduct.

However, government employers must have a compelling justification for performing a drug test. Otherwise, administering drug tests on employees could constitute an unreasonable search and seizure.

For a free legal consultation, call (972) 535-6377

Reasons for Drug Testing

Employers may have many valid reasons for performing drug tests. These reasons may include:

  • Concern that there is a problem with substance abuse among workers
  • Insurance policies that require drug testing
  • Job duties that require sobriety
  • State or federal regulations
  • Reducing workplace accidents or crimes

Drug Testing in Texas

Texas requires companies that employ at least 15 people to enact comprehensive drug reduction policies, most of which include drug testing. An employer must give this policy in writing to their staff to sign. Employers cannot perform drug tests on employees who have not given their written consent. While workers do have the option of refusing to sign the policy, it is usually possible to fire them for declining.

Some employers choose to require pre-employment drug testing in order to screen potential applicants for drug use. Another option is for companies to enforce random drug testing multiple times a year for their current employees. These practices are perfectly legal for private employers in Texas.

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Employee Rights and Drug Testing

While you may be required to take a drug test – either as part of a pre-employment process, a random test, or a “for cause” test once you are employed – keep in mind that you still have additional protections.

While both pre-employment and random drug testing are legal, there may be problems with:

  • The way an employer carries out that test
  • The reasons why an employer is asking you to take a test

For instance, an employer cannot ask you to take a drug test for discriminatory reasons. That is, if you believe that you were drug tested specifically because you are part of a protected group or category (such as race, ethnicity, or another cohort), your employer may have violated your rights.

A drug test should also be conducted with respect for an employee’s privacy. If you are publicly handed a cup to urinate in, this way could also constitute a violation of your rights.

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If You Fail a Drug Test, What Consequences Could You Face?

Naturally, if you took a drug test and your results showed that you were positive for a controlled substance, you may be concerned about what could happen next. You may be wondering:

  • If you could lose your chances of employment
  • If you might lose your job
  • If you could face criminal charges

Effects on Employment

Failing a drug test during a pre-employment screening could lead to disqualification for the job. On the other hand, if you’re already employed and you fail a drug test through a random or “for cause” test, you may face one of couple possible scenarios:

  • Your employer may give you options to address your drug use: In this situation, you could attend a rehabilitation program and return to your job.
  • You may face termination: Both public and private-sector employees who fail a drug test face the risk of termination.

However, you should be able to expect that the consequences for drug testing should be clearly stated in writing by your employer. In fact, the Texas Workers’ Compensation Act notes that businesses with 15 or more workers should give the details of their drug testing policy. Employers must also provide details about drug violation penalties to their workers, per the Texas Workforce Commission (TWC).

Additionally, you should expect to know what constitutes a drug policy violation. For example, your employer may have a “zero tolerance” policy, whereby any positive results for drug use give the employer authority to terminate. Other employers may offer a more flexible approach, where employees may not test positive for drug use above a certain threshold.

Criminal Charges

For those with no prior criminal record, failing a drug test at work may not lead to any further police investigation. However, if you have previous charges or are on probation, you may be concerned about how failing your drug test will affect you.

You may face penalties if you are currently on probation. Depending on the terms of your probation, failing a drug test could lead to stricter probation terms or even jail time.

If you were caught in possession of a controlled substance, you could face felony charges and jail time (per Texas Health and Safety Code Title 6 Section 481). If you are facing drug crime charges, you may wish to get help from a Drug Crimes Lawyer from our team who can explain your options and build a defense.

We Can Help You Understand Your Options After Failing a Drug Test

If you are facing drug charges as a result of a drug test at work, we may be able to help. A drug crimes and criminal defense lawyer from Underwood Law Office can listen to your story, advise you, and strategize a compelling defense for your case.

Call someone from our team today to learn more during a free consultation: (972) 535-6377.

Call or text (972) 535-6377 or complete a Free Case Evaluation form

Extra Information About texas pre employment drug testing laws That You May Find Interested

If the information we provide above is not enough, you may find more below here.

What are Texas Laws Regarding Drug Testing?

What are Texas Laws Regarding Drug Testing?

  • Author: underwoodlawoffice.com

  • Rating: 3⭐ (382197 rating)

  • Highest Rate: 5⭐

  • Lowest Rate: 1⭐

  • Sumary: Many employers require their employees to submit to drug tests to demonstrate that they are not surreptitiously using illegal drugs on the job. As a result, thousands of Texas workers will have to take a drug test…

  • Matching Result: Texas requires companies that employ at least 15 people to enact comprehensive drug reduction policies, most of which include drug testing. An employer must …

  • Intro: What Are Texas Laws Regarding Drug Testing? Drug testing can be quite controversial, and its legality has been called into question several times over the years by civil rights activists and labor advocates. Texas has its own set of rules and regulations regarding drug testing. These involve who can perform…
  • Source: https://www.underwoodlawoffice.com/faqs/what-are-texas-laws-regarding-drug-testing/

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Texas Employment Law: Drug And Alcohol Testing

Texas Employment Law: Drug And Alcohol Testing

  • Author: onthegolabs.com

  • Rating: 3⭐ (382197 rating)

  • Highest Rate: 5⭐

  • Lowest Rate: 1⭐

  • Sumary: Texas Employment laws that governs when and how businesses drug test employees.

  • Matching Result: Texas does not have a statute or regulation that specifically addresses workplace drug or alcohol testing by private employers.

  • Intro: Texas Employment Law: Drug And Alcohol TestingTexas does not have a statute or regulation that specifically addresses workplace drug or alcohol testing by private employers. As a result, most employers may create their own employment policies, programs, procedures, or rules on workplace testing. However, transportation employers in Texas must comply…
  • Source: https://www.onthegolabs.com/post/texas-employment-law-drug-and-alcohol-testing

Texas Drug Testing Compliance | Health Street

Texas Drug Testing Compliance | Health Street

  • Author: health-street.net

  • Rating: 3⭐ (382197 rating)

  • Highest Rate: 5⭐

  • Lowest Rate: 1⭐

  • Sumary: Health Street provides quick and easy access to Texas drug testing compliance information. View Texas’ drug testing laws and register for a drug test online today.

  • Matching Result: Texas drug test laws allow employers to drug test their employees. This includes pre-employment screenings, “for cause” testing and post-accident testing. They …

  • Intro: Texas Drug Testing ComplianceFor private employers, Texas drug test laws do not limit their right to establish drug and alcohol testing policies for their workers. Texas laws on drug testing also give employers complete freedom to test job applicants as they see fit prior to hiring. However, there are federal…
  • Source: https://www.health-street.net/state-laws/texas-drug-testing-compliance/

Workplace Drug Testing Laws in Texas - Nolo

Workplace Drug Testing Laws in Texas – Nolo

  • Author: nolo.com

  • Rating: 3⭐ (382197 rating)

  • Highest Rate: 5⭐

  • Lowest Rate: 1⭐

  • Sumary: Texas statutes don’t prohibit or restrict drug testing in employment.

  • Matching Result: Texas legislation does not address drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a …

  • Intro: Workplace Drug Testing Laws in Texas Texas statutes don’t prohibit or restrict drug testing in employment. Has your employer or prospective employer in Texas asked you to take a drug test? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a…
  • Source: https://www.nolo.com/legal-encyclopedia/workplace-drug-testing-texas.html

Drug and Alcohol Policies

Drug and Alcohol Policies

  • Author: twc.state.tx.us

  • Rating: 3⭐ (382197 rating)

  • Highest Rate: 5⭐

  • Lowest Rate: 1⭐

  • Sumary: Adopt a written policy – some employers are obligated by law to have written drug-free workplace policies (for example, federal contractors and employers subject to U.S. Department of Transportation drug/alcohol testing rules).

  • Matching Result: Pre-employment, random, post-accident, and “for cause” testing are all allowed in Texas and many other states. · Specific drug test results should be obtained …

  • Intro: Drug and Alcohol Policies Adopt a written policy – some employers are obligated by law to have written drug-free workplace policies (for example, federal contractors and employers subject to U.S. Department of Transportation drug/alcohol testing rules). Give the policy to all employees in writing – have employees acknowledge receipt. If…
  • Source: https://www.twc.state.tx.us/news/efte/drug_and_alcohol_policies.html

Texas State: Occupational Testing Laws - SureHire

Texas State: Occupational Testing Laws – SureHire

  • Author: surehire.com

  • Rating: 3⭐ (382197 rating)

  • Highest Rate: 5⭐

  • Lowest Rate: 1⭐

  • Sumary: When it comes to the laws surrounding occupational testing, different states have different rules. Here’s a look at Texas State occupational testing laws.

  • Matching Result: Unlike many other states, Texas has not passed legislation restricting employers’ right to require drug testing for their employees. Texas does …

  • Intro: Texas State: Occupational Testing Laws TAKEAWAY: When it comes to the laws surrounding occupational testing, different states have different rules. Here’s a look at Texas State occupational testing laws. Jump AheadOccupational Drug Testing in Texas Duty to AccommodatePre-Employment Tests and ExaminationsAudiometric Testing and PPE requirementsLung Health Testing and Monitoring Mental Health and…
  • Source: https://www.surehire.com/texas-state-occupational-testing-laws/

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Frequently Asked Questions About texas pre employment drug testing laws

If you have questions that need to be answered about the topic texas pre employment drug testing laws, then this section may help you solve it.

What happens if you fail a drug test before getting a job in Texas?

A pre-employment drug test failure could result in b>disqualification for the job/b>.

Does Texas require a drug test before employment?

Pre-employment drug testing: Before receiving a final job offer, every candidate who has received a conditional job offer must pass a drug test. Annual drug testing: Starting on the date of their initial license or renewal, every employee must pass at least one scheduled drug test every 12 months.

Texas allows for employee drug testing.

There are virtually no restrictions on private employers’ ability to implement employee drug and alcohol testing policies under Texas and federal law.

Is it prohibited in Texas to refuse a drug test?

Failure of a drug test constitutes a probation violation in Texas, and failure of a drug test while on straight probation can result in probation revocation and a jail or prison sentence.

If you fail a drug test for a job, can you reapply?

Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test. In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job.

Can you test positive for drugs and continue working?

For the most part, no. If the test result is valid (especially after several retests), you will likely lose your job, and if drug testing was required as part of the hiring process, the employer will probably withdraw their job offer.

Is Texas a state that doesn’t tolerate drug use?

You should be aware that Texas law takes a ZERO TOLERANCE approach to marijuana possession; despite shifting public opinion in the state, little progress has been made to change these state laws. You need to know that being caught in possession of cannabis in Texas—no matter how small the amount—is a serious offense.

Does a pre-employment drug test require notice?

Unless your particular employment contract and workplace policies specify otherwise, your workplace is not required to give you any notice.

Can you refuse a drug test for employment?

State laws may impose some procedural rules on how an employer tests, for example, the employer may have to use a certified laboratory or give you a chance to explain a positive result. You have the right to refuse a drug test, and the employer has the right to refuse you a job on the basis of that refusal.

In Texas, can your employer watch you urinate for a drug test?

The question of whether a screening technician can watch employees urinate for a drug test is not addressed by Texas or federal law, and several courts have ruled that this practice violates the privacy of the employees.

The past how far can a lab urine test go?

A urine drug test conducted in a laboratory typically identifies recent drug use within the previous 24 to 72 hours.

Does the pre-employment drug test involve watching you urinate?

As with random tests, the initial pre-employment drug test is never directly observed; however, if the collector notices or suspects tampering, then it may become a direct observation urine collection.

Why do they use blue dye in the bathroom to test for drugs?

To ensure sample integrity, Rapid Blue Dissolve Bluing Tablets are placed directly in the toilet at your collection site. Bluing tabs will color the water blue and prevent any donors from diluting their urine samples with clear toilet water.

How long does it take a lab to find drugs in urine?

Drugs in urine are typically detectable for one to seven days or longer in chronic users, and in oral fluid from five to 48 hours, whereas drugs in hair may be detectable for about 90 days.

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