Many employers require some type of drug tests for their employees. These tests can be required not only as a conditional term of employment, but also as random tests throughout the term of the employees stay with the company or organization. Tests may be performed on-site or through a second party. Drug testing by employers first became legal with the signing of Executive Order 12564 in 1986 by then President Ronald Reagan. Although the order first applied only to federal employees and contractors, it opened the door for private companies to test their workers as well.

Despite the controversy over the legality of drug testing, employers can require that an employee provide the following types of tests: urine, hair, saliva and even blood tests. Employers in all different industries drug test for a variety of reasons. One primary reason is that drug use leads to increased work hazards as well as decreased levels of productivity.

Failure to pass a drug test can result in an individual not being hired. If they are a current employee, the company may take action up to and including termination. However, the Drug-Free Workplace Act of 1988 and certain other laws require or encourage employers to offer substance abuse recovery programs as an alternative action.

Today’s troubling economic climate makes it especially difficult for those who do not pass their regular drug tests. This is because certain state laws may deny that individual access to unemployment benefits, including but not limited to COBRA insurance.

Although an individual has the legal right to refuse a drug test, their employer has rights to act as if that person failed the test. If you are unsure about your company’s drug testing policy, make sure to consult your employee handbook or discuss the policy with a human resources representative in your organization. Likewise, consult a lawyer if you feel your rights are being violated. Common drugs tested for are marijuana, heroin, cocaine, methamphetamines, speed, amphetamines, LSD,  and alcohol. While there are many home remedies and myths regarding passing drug tests however, with the advancement of testing capabilities, it is important to understand your options prior to taking any employer required drug screening.