Whether you are at work or applying for a new job, if an employer asks you to take a drug test you may freeze. What are your legal rights? Do you have to take the test? Can you refuse? The rules surrounding drug testing in the workplace can be complex but it is important that employees and applicants understand their rights and obligations. Speak with an Atlanta employment rights attorney for more information and legal representation.
What Federal Laws Govern Drug Testing?
The United States federal government has certain regulations regarding drug testing in the workplace. Some federally regulated industries are required to implement Drug-Free Workplace Programs that offer employee education on substance abuse, explicit policies, supervisor training, and drug testing.
However, these laws only apply to certain industries like transportation, healthcare, construction, and other industries that handle dangerous materials or perform sensitive tasks. In most companies and industries federal law does not require or prohibit drug testing. Instead, these decisions are made by state and local laws.
What Are the Rules for Drug Testing in the Workplace in GA?
In Georgia, private employers are not required to implement a drug testing policy, though they are within their rights to do so. Employers can choose to implement a Drug-Free Workplace Program even if they do not fall into one of the required industries by applying online and renewing their application annually.
Applicants must be informed of the employer’s drug testing policy in any job ad or listing. Current employees must be given written information about the policy and 60 days’ notice before testing. Individuals who test positive are legally allowed five days to contest or explain the results.
Can I Get Fired for Failing a Drug Test in GA?
If your employer has a Drug-Free Workplace Program in place and you were adequately informed of the policies and testing then yes, you can be fired for failing a drug test.
However, if you test positive but have a valid prescription for the drug in question, you may not be fired. For example, individuals with anxiety, epilepsy, multiple sclerosis, or chronic pain may be prescribed medical marijuana. Firing an employee for testing positive for prescribed marijuana may result in legal repercussions.
Should I Hire an Employment Attorney?
If you fail a workplace drug test or believe that your employer is not following legal requirements regarding testing and policy, you should contact an experienced employment lawyer. An employer who does not provide the required notice or follow all regulations outlined in federal or state law is violating the rights of their employees and potential employees. It is crucial that your rights are protected as an applicant or worker. Reach out to a skilled attorney today for more information on your rights and to learn about your legal options going forward.
