Nov 30, Pre Employment Drug Testing - Questions and Answers

Pre employment drug testing is becoming a more and more common hiring requirement.

?

It is estimated that 98 percent of Fortune 200 companies have implemented some form of employee drug testing during their recruitment process.

Recruiters estimate that about 60 percent of new hires are required to take a drug test today.

?

The pre employment drug testing process is covered in detail at the employment drug screening page.

Here we answer the most frequently asked questions about drug testing for hiring purposes.

Is employment drug testing legal?

Most employers have fairly wide latitude when it comes to pre employment drug tests and the current emphasis on drug free workplaces encourages this. Each state has its own laws governing employment drug testing which employers should follow. Generally these allow for drug testing of job applicants provided the applicants know that the testing is part of the hiring process for all employees. Some states require a formal conditional offer of employment be given to the applicant before testing can take place.

Often notification of pre employment drug testing is given on the application form which the candidate signs. Sometimes separate specific notification is given at the first interview.

What about the applicant's rights to privacy?

The US Supreme Court has held that both blood and urine collection are minimally intrusive and not harmful to job applicants when conducted in the right environment (workplace or collection facility) without direct observation by the tester. In other words it would be considered an invasion of the candidate's privacy if the employer required a urine sample while other people were in the room watching. However if there is a worry about tampering with the sample the employer may be allowed to have one person of the same sex as the candidate present when the sample is given.

A drug test result may be considered personal health information and there may be restrictions on how and whether such information can be shared.

What other rights does the applicant have with regard to the drug testing process?

The applicant's basic rights extend primarily to the right to privacy as stated above and the right to question the legitimacy of the test result including the right to pay for further testing at a lab of their choice. You may have additional rights depending on your individual circumstances as well as State regulations.

Are all job applicants for the company tested for drugs?

Discrimination can be implied if an employer tests only certain applicants for a position. An employer cannot pick and choose which applicants for the same position will be tested. However within a company employment drug testing may be required for only certain positions.

The company would have to be able to justify this in terms of the job requirements and a written drug policy for the company should include this.

Must the prospective employer have the applicant's consent for a drug test?

If the employer tries to test an applicant in an underhand manner without the applicant's knowledge or consent this can cause legal problems. For example an employer is not allowed to pick up strands of hair that an applicant has left on a chair back during the interview and use them as a sample for a drug test.

What happens if an applicant refuses to be tested?

Most companies include a clause in their pre employment drug testing policies or in their notification of drug testing that specifies that a refusal to be tested will be treated as a positive result and the same criteria as a positive result will be applied to the applicant.

What happens if the applicant is not able to provide a urine sample at the time of the test?

Usually the applicant will be asked to remain at the collection center and drink measured fluids until able to produce a sample.

What prescription drugs can interfere with the Five-Screen test and how is this dealt with?

Certain over the counter medications can interfere with accurate results. These include ibuprofen and ephedrine-based products. Most drug testing companies will ask the applicant in advance what medications they have recently taken. The applicant should list these carefully. If the medication has compromised the result of the drug test the sample is automatically retested using a methodology that will identify the drug type. The applicant can present a doctor's prescription for the medication that can be reviewed by the medical officer. Some medications will preliminarily test non-negative, but the confirmatory tests will rule out any non-illegal substances

Employers cannot discriminate in their hiring practices based on an applicant's use of prescription medication for legitimate medical purposes. Such discrimination could be a violation of the Americans with Disabilities Act.

Can applicant's "beat" the drug tests?

Certain internet sites give advice on how to supposedly dilute or adulterate urine samples. Most of these suggestions do not work and are easily identified in the testing process. Even if the specific drug is successfully masked the product or method of tampering itself can be detected.

Pre employment drug testing has become an accepted part of the final hiring decision. Know what this means for job applicants.

Find out more details about the pre employment drug testing process at About employment drug screening and know what to expect.

Go to Pre Employment Testing to find out about other frequently used pre employment tests.

Find out all you need to know about Employment Background Checks including credit checks.

Certain employers are permitted to use the Employment Polygraph. Find answers to commonly asked questions about the use of pre employment polygraph examinations.

DISCLAIMER: The information provided here is for guidance purposes only and is not legal advice.

Return from Pre Employment Drug Testing to Best Job Interview

View the original article here

Jun 4, About Employment Drug Screening

Employment drug screening has become a requirement for many companies. The majority of all Fortune 500 companies do employee drug testing. The US Department of Labor has estimated that drug use in the workplace costs employers up to $100 billion dollars annually in lost work time, accidents, health care costs and workers compensation costs.

Employment drug screening helps the employer to develop a healthier and more productive workforce and improve profits. Employers are encouraged, through the drug-free workplace program, to monitor drug and alcohol abuse in the workplace.

Legally employers have established that it is within their rights to ensure the workplace is free from hazards and one of the best ways to protect your workplace is to aggressively screen out drug abusers before they become employees. An employer can establish a program for testing job applicants for drug usage as long as it is administered fairly and consistently and is in line with federal and state laws.

The laws concerning employment drug screening vary from state to state. Some states require that employers may only test applicants once they have been formally offered a position conditional on a negative drug test. Other states do not have this requirement. Go to Department of Labor State Laws to find out the laws that apply to employment drug testing in your state.

Generally these requirements for pre employment drug screening are followed by employers:

Employers have a written drug testing policy that requires job applicants to be drug-free
Written notice of testing is given before the applicant may be tested. Many drug and alcohol testing laws require that job applicants be notified in advance that they may be tested and under what conditions
Written notice is given to the applicant that employment drug screening is required before hiring. This may be done through the employment application form or on a specific form given out at the first interview
The written notice details the type of drug testing that will be carried out and lists the over-the-counter medications that may produce a positive result
In accordance with certain state laws the applicant may need to be given a conditional job offer letter that indicates that the offer is conditional on completion of a drug test with a negative result
The same testing program should be implemented for all applicants in a particular category or there could be implications of discrimination

It is worth noting that a company with over 15 employees is subject to the Americans with Disabilities Act, a federal law that protects people with disabilities from discrimination. This Act prohibits pre employment medical examinations before a conditional offer of employment has been made but a test to determine if an applicant is illegally using drugs is specifically exempted from the definition of what constitutes a medical examination. However pre employment alcohol testing is considered an medical examination and can only be conducted after the candidate has been extended a conditional offer of employment.

How is pre employment drug testing conducted?

Generally applicants are sent to a collection site where a urine sample is obtained and then sent to a certified laboratory for analysis. Urine drug testing is the most common type of drug screening primarily because it is reliable, inexpensive and non- intrusive. Test results are usually available within 24 to 48 hours. Other testing methods such as hair testing, blood tests, breath tests and saliva testing are also used.

Some employers use instant test kits similar to a home pregnancy test. These tests are considered accurate for immediate screening but are not effective in the event of a positive result because that requires laboratory confirmation and keeping of the sample for retesting.

What is tested?

The most common employment drug screening is a standard five-panel test, called a "Five-Screen", of street drugs including marijuana, cocaine, PCP (Phencylidine), opiates such as heroin, morphine and codeine, and amphetamines.

A "Ten-Screen" test is sometimes used which expands to include these five prescription drugs that are legal to possess and use- barbituates (phenobarbital etc), mathaqualone (Qualuudes), benzodiazepines (tranquilizers such as Valium, Librium, Xanax) and Methadone.

Although it varies from person to person most drugs stay in the system for 2-4 days, however hair testing and some other more expensive drug tests can detect drug usage for up to 90 days. Chronic drug usage can be detected for up to 14 days or more while sedatives may stay in the system for up to 30 days. Usually the employer will insist that the urine sample is given within a specific time period so that drug users do not wait until the drugs have left the system.

What happens if the result is not negative?

If a test is positive most labs will carry out extensive procedures to confirm the result before they report it. Most drug testing programs use an independent physician to review all test results. If the result is positive the physician will usually contact the applicant to find out if there is a medical explanation for the result. If the positive test is confirmed the candidate should have the right to pay for retesting of their sample by another laboratory of their choice and urine samples of all positive tests are kept for that reason. However the chances of a false positive are virtually nil.

There can also be a test result that is "negative" but shows an abnormal result that indicates an attempt by the candidate to alter the results such as drinking excessive water to dilute the sample. These results are examined further and another sample may be required.

All drug testing results should be kept on a confidential basis.

Go to Pre Employment Testing to find out about other pre employment tests that are commonly used as part of the hiring process.

DISCLAIMER:The information provided here is for guidance purposes only and is not legal advice.

Return from Employment Drug Screening to Best Job Interview

View the original article here

Mar 23, Sample Employment Acceptance Letter

Use the sample employment acceptance letter or email to secure the job and confirm your acceptance of employment with the company. Make the right impression from the start.

Your new employer will be expecting you to respond in a professional and polite manner to their job offer, a well written letter will set you on the right career track.

Employment acceptance confirmation email

Once you have been offered the job verbally you should be sent the final offer of employment in writing. This usually precedes the actual employment contract. Often you are asked to simply sign the letter of employment to indicate your acceptance of the job offer and return it to the company. It is a good idea to send an email confirming that you have received the written job offer and have signed and sent it back. This way the employer knows that the employment process is proceeding correctly. It is important to note that a job offer is not binding until it has been communicated in writing.

Dear Mrs Green

I received your formal job offer earlier today. I have read through it carefully, signed it and sent it back to you as requested. As suggested I have kept the second copy.

Thank you again for giving me this exciting opportunity. I look forward to starting employment with ABC Company on June 6, 2011 and to becoming a member of such a dynamic team.

If there is any additional information or paperwork you need please let me know.

Regards

J Candidate
jcandidate@gmail.com

Alternatively you can send a confirmation letter together with the signed offer of employment or employment contract. Here is a sample:

Employment acceptance letter

Your address

Mr Joe Morris
XYZ Corp.,Inc.
1009 Madison Avenue
New York, NY

Dear Mr Morris

Thank you for sending me your formal job offer so promptly. I have read through it carefully and signed it as requested. As suggested I have kept the second copy.

I would like to thank you again for this wonderful opportunity and I eagerly anticipate starting with XYZ Corp on June 6, 2011.

If there is any additional information or paperwork you need in advance of my start date please let me know.

Sincerely,

J Candidate

Click here to view a detailed sample job offer acceptance letter

It is important to write an employment acceptance letter or email to confirm that you have signed the formal offer of employment and to restate your enthusiasm for the position. It keeps those involved in the hiring process informed and ensures that you start your career with the company on the right note.

Return from Employment Acceptance Letter to Best Job Interview

View the original article here