Worker’s Guide to Pre-Employment Drug Testing

Landing a job could require more than a polished resume and a stellar interview. Applicants may also be required to pass a pre-employment drug test before being hired.

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“The trend I’ve seen is toward less pre-employment drug testing than before,” says Keya Denner, chair of the cannabis and employee substance abuse practice group at national labor and employment law firm Constangy, Brooks, Smith & Prophete.

Drug screenings remain a regular part of the onboarding process at many companies, but changes in marijuana laws are making some firms rethink their policies.

“The legalization of marijuana has totally changed the landscape,” says Domenique Camacho Moran, partner with law firm Farrell Fritz and head of its labor and employment practice.

If you’re searching for a job, here’s what to know about pre-employment drug testing.

[READ: 5 Workplace Trends That Employers Love and Workers Hate]

Why Employers Require Drug Tests

Various factors can lead an employer to institute pre-employment drug testing. Federal law requires some employees, such as commercial motor vehicle drivers, to pass a drug test before they are allowed to work.

In other cases, the decision to require pre-employment drug testing may be attributed to company culture or finances.

“It’s a combination of ‘That’s how we’ve always done it’ … but you also have employers who are more ideological,” Denner says.

Some companies see drug-free workers as “good citizens” who have demonstrated that they are compliant with rules.

“We want people who can do their job,” Moran says. Employers may view drug testing as a means to identify workers who are able to work productively and with good conduct.

There is also a financial component, according to Marc Weinstein, professor and director for the Master of Science in Human Resource Management at Florida International University. “It’s very expensive to make a hiring mistake,” he says. Companies may turn to drug testing in the hope that it will weed out those who might not be effective long-term employees.

Industries Most Likely to Require Drug Testing

Pre-employment drug testing is often industry-specific. Workers in what are deemed to be “safety-sensitive” positions are often required by law to undergo a drug test as part of the hiring process.

“None of us want 18-wheelers on the road with drivers under the influence,” says Laura Friedel, partner and chair of the employment and executive compensation group for law firm Levenfeld Pearlstein.

The Department of Transportation requires specific workers such as truck drivers and pilots to submit to pre-employment drug testing. Meanwhile, federal employees in law enforcement, national security or roles “requiring a high degree of public trust” are required to complete drug tests. Companies that have federal contracts may also be required to maintain a drug-free workplace.

Among private industry workers, jobs involving health care and children may be most likely to require pre-employment drug screening. However, state laws can dictate if and how this testing takes place.

“Some states require that it be included in job postings,” Friedel says. In other cases, job candidates may not learn of testing requirements until after they have been offered a position.

[Read: Things Your Boss Can’t Legally Do.]

What Pre-Employment Drug Tests Can Detect

There are several drug tests that can be used by employers. The five-panel test regulated by DOT looks for the following:

— Amphetamines

— Cocaine

— Marijuana

— Opiates

— Phencyclidine (PCP)

However, there are also six-, seven-, 10- and 12-panel tests that can look for additional substances such as barbiturates, methadone and prescription painkillers.

How Drug Testing Works

While drug tests can be conducted using blood or hair, pre-employment testing is usually less invasive.

“It often involves nothing more than a visit to a lab and urinalysis,” Moran says.

Prior to testing, individuals complete a form that lists any medications they may be taking. Moran notes that employers use third-party vendors to complete these tests so they don’t receive sensitive health data. Instead, they may simply get a report stating whether a person has passed or failed the screening.

Weinstein says there are ways people can try to circumvent testing — such as with the use of artificial urine — but most labs have procedures in place to prevent cheating.

Marijuana and Pre-Employment Drug Testing

With recreational marijuana now legalized in nearly half of U.S. states, employers have had to change how they approach pre-employment drug testing.

“It becomes a problem for employers because their talent pool shrinks,” Denner says. Companies with policies prohibiting the hiring of people who test positive for marijuana may find they aren’t able to hire workers who are otherwise the best candidates for jobs.

Increasingly, states are making the decision for employers, though. Some, such as New York, have blanket prohibitions on employee drug testing for cannabis except when required by state or federal law. Others, like Nevada, allow testing but say companies can’t turn down an applicant because they test positive for cannabis.

Marijuana can be detected in a person’s system for 30 days or more after use. That means a positive test doesn’t necessarily reflect recent use, and employers generally can’t take action against a worker for legal activities they pursue outside their work hours.

Even when pre-employment drug testing for cannabis is prohibited, that doesn’t mean employers can’t screen for it at other times such as tests ordered under post-accident or reasonable suspicion policies, according to Friedel.

What’s more, workers must follow their employer’s requirements during work hours. “Make no mistake, that doesn’t mean you get to show up to work high or impaired,” Denner says.

For Moran, it makes more sense for employers to take action based on an employee’s behavior rather than trying to sort out the underlying reason for it. “Employers should discipline based on conduct, not cause,” she says.

[READ: Common Job Interview Questions and How to Answer Them.]

What Happens If Your Pre-Employment Drug Test Is Positive

If you take a pre-employment drug test and it comes back positive, your next steps might depend on your individual circumstances. For instance, even if you live in a state that allows employers to make hiring decisions based on cannabis use, you may be protected if you use medical marijuana.

“That’s another wrinkle in this process,” Friedel says. Employers must provide reasonable accommodations to those with a disability, and in some cases, marijuana may be used as a treatment for pain and other symptoms.

Outside of legal protections for marijuana use, job candidates who fail a pre-employment drug test aren’t likely to have any recourse. Denner notes, “Most of the times, these folks are out of options.”

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Worker?s Guide to Pre-Employment Drug Testing originally appeared on usnews.com

Update 01/21/25: This story was published at an earlier date and has been updated with new information.

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