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BusinessDoc
BusinessDoc, Consultant
Category: Employment Law
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Experience:  MD, MBA - Consulting & teaching in business and HR management issues
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Do you legally need to inform about pre-employment drug

Resolved Question:

Do you legally need to inform about pre-employment drug testing?
Submitted: 9 years ago.
Category: Employment Law
Expert:  BusinessDoc replied 9 years ago.
There are both federal and state laws that address workplace drug testing. There are specific guidelines on how testing is to be done (2 step with confirmation by the most acurate method - GC/MS), but there are no specific limits or requirements that you be "warned" that you are subject to pre-employment drug testing.
http://www.dol.gov/asp/programs/drugs/said/StateLaw.asp?id=747

Most employers do provide warning - more in an effort to discourage those who are drug users from applying. From a logistical standpoint - providing too much warning risks missing potential employees who will stop their drug use for a short period in order to pass the pre-employment drug test - passing a test despite ongoing drug use.

Pre-employment, "reasonable suspicion", for cause, post accident testing, and random are all legal in Oregon.
BusinessDoc and 8 other Employment Law Specialists are ready to help you
Customer: replied 9 years ago.
Do you need to sign something agreeing to random or non-random drug screening before the test is considered valid?
Expert:  BusinessDoc replied 9 years ago.
The collection procedure would require your consent (you would have to willingly provide the urine) - and it is possible to refuse a drug test. Understand that a refusal to test is treated exactly the same in most cases as a positive. If you refuse you are not hired (or you are fired if you are already hired)

If you can provide me with more details on the case, I can provide a more specific answer. When was the test done (before you were hired, or after you were hired)?

What drug was detected? At the time that you gave the specimen, were you aware that drug test was being done?
Customer: replied 9 years ago.
Thank you for your help. I am a licensed substitute teacher for various school districts in Oregon and have never been asked for a drug screening. I was hired verbally and began coaching a JV softball team within one of these districts.. After having coached for 2 weeks, they said "oh, by the way... you need pass a drug test before you sign any paperwork" and I tested positive for Marijuana. I met with the HR representative and I am able to re-test in a few days. I believe they are giving me a fair chance now, but I felt as if I was taken advantage of and misinformed because they were in dire need of a coach. I will accept your feedback so you get paid for your services tho I would still appreciate any other feedback you may have.
Expert:  BusinessDoc replied 9 years ago.
I assume that you have used marijuana - when did you last use?

Was this a urine test or a hair test?

Have you been paid for hours that you have already worked?
Customer: replied 9 years ago.
Reply to BusinessDoc's Post: This was a urine test. No, I have not been paid for any work nor have I signed any paperwork. I have also taken a $65 online coaching class in order to be able to coach in the state. The official hire is based on my passing the second test, which I took Sunday the 9th. I last used about a week before the first test. I suppose if I pass this second test then none of this will really matter except that my credibility with the athletic director, the hea Varsity softball coach and the HR director are basically shot. Not to mention how embarassed I am and that I have missed 4 days of practice and have to lie to the girls about where I was.
Expert:  BusinessDoc replied 9 years ago.
First of all - you would HAVE to be paid for the days that you actually coached. Even if you fail the 2nd drug test, you would HAVE to be paid for those hours. This is stricly required under the Fair Labor Standards Act.

Generally for causual users - marijuana metabolites will be detectable for about 3-10 day (the 10 days is with the most sensitive testing only). For more chronic users the range is more like 10-20 or 30 days.
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