Employment drug testing

As with all types of background screenings, however, employers must be careful to ensure that their pre-employment drug testing practices are in compliance with employment laws and regulations. Let’s take a closer look at what employers need to know about pre-employment drug testing, including what shows up on drug tests, common testing types, laws that may apply.

Pre-employment drug testing analyzes specimens such as oral fluid, blood, hair, or urine to detect the presence of controlled substances or alcohol. In some jobs, such as those in industries regulated by the US Department of Transportation (DOT), drug testing is a condition of employment. In others, employers use drug testing to maintain a drug-free workplace. Pre-employment drug testing is also commonly used in roles where impairment could cause a safety risk to employees or others, such as healthcare, childcare, construction, or manufacturing.

Pre-employment drug tests screen for a variety of controlled substances depending on the type of test the employer chooses to conduct. A 5-panel drug test, one of the most common types of pre-employment drug screening, tests for the presence of amphetamines, cannabinoids (THC), cocaine, opiates, and phencyclidine (PCP).

Other substances that pre-employment drug tests typically screen for include:

Drug screenings are described as “panels,” each testing a different number of substances. In addition to a 5-panel test, there are 7-panel, 9-panel, 10-panel tests and so forth. Checkr also offers a 4-panel test to help employers comply with local or state regulations that prohibit testing job candidates or employees for marijuana (THC).

Common drug screening methods include urine testing, hair testing, saliva testing, and breath alcohol testing. 

Drug tests for employment can be conducted on both candidates and employees, subject to relevant federal and state employment laws.

Pre-employment drug testing is usually done as part of the background check process. Drug testing may be required by federal, state, or industry regulations before a new hire can begin work. In some states, employers must make a conditional offer of employment before asking candidates to take a drug test.

Employees may be subject to the following drug tests:

Employers typically conduct pre-employment drug testing to promote safety in the workplace, comply with industry-specific laws requiring drug testing, and help prevent on-the-job substance use.

Drug testing can help create a safer work environment for the public and your workplace by preventing accidents and injuries caused when employees are under the influence of drugs and alcohol. This can also help organizations mitigate liability risk and may lower their worker’s compensation costs.

By preventing substance abuse at work, drug screening can enhance workplace productivity and lower rates of absenteeism. It can also help prevent employee drug diversion in a pharmaceutical or medical setting.

Employers who conduct employment drug testing must be careful to comply with federal, state, and local laws regulating drug screenings.

These federal laws are most important for employers to know before conducting drug tests:

State pre-employment drug testing laws vary from state to state. Employers should consult their legal counsel to ensure that their drug testing policy complies with applicable state laws. In many states, employers cannot require candidates to take a drug test until a conditional job offer has been made. In some instances, the offer can be conditional on passing the drug test. Other states require job listings to state that employment drug testing is required or to provide candidates with a list of substances for which they may be tested.

Notably, state and local marijuana laws are changing rapidly. As a growing number of states legalize cannabis for medicinal and/or recreational use, employers must stay abreast of laws regulating marijuana testing in all jurisdictions where they’re hiring. For example, employers in New York City and Philadelphia are prohibited from requiring pre-employment marijuana screening for most positions. Even if your jurisdiction does not have similar prohibitions, testing for marijuana use may not be necessary unless the job in question is safety-sensitive, such as driving or operating heavy machinery.

When conducting pre-employment drug screening, human resources professionals should follow these best practices.

The logistics of drug testing can be challenging and time-consuming. Poor communication with candidates can cause confusion and drop-off, and you want your employees to spend their time productive at work—not stalled by drug testing scheduling issues.

Working with a background check provider to conduct employment drug testing can ease the burden on your organization and provide a better candidate and employee experience. Checkr offers a range of drug testing panels that can be customized to fit your screening policy and help you stay compliant with applicable laws in your hiring locations. With both onsite testing and a clinic network of over 6,100 locations nationwide, Checkr can help you build a drug testing program that best fits your organization's requirements.

With Checkr, candidates and employees can easily schedule tests and get answers to their questions in Checkr’s candidate portal, and employers can conveniently order tests and view results all in the Checkr dashboard. 

If a candidate fails a pre-employment drug test, the employer’s written drug policy and applicable federal, state, and local employment laws regarding drug testing will guide what happens next. For example, in West Virginia, an employer can use a confirmed positive test result or a refusal to test as a basis for denying employment. However, with the exception of certain positions, Nevada employers cannot refuse employment based on a candidate testing positive for marijuana.

Employers should also be mindful that drug tests for employment can sometimes return false positives, occasionally caused by legal prescription medication use or other testing issues. When you partner with Checkr to conduct employee drug testing, a certified Medical Review Officer (MRO) reviews any drug test results that may need clarification or additional testing. In some states, employers must give candidates a certain amount of time to explain a positive result.

Regardless of location, employers who use a CRA to conduct employment drug tests should follow the adverse action process required by the FCRA if they are considering denying employment based on the results of a drug test check.

After a pre-employment drug test is conducted, results are usually available within 2-10 business days; on average, you can expect results in three days. Getting results may take longer if additional testing of a sample is required, if tests are performed at a clinic that doesn’t computerize records, or if the test is not negative and additional information is required from the candidate to clarify the reason for the result. Some on-site tests, such as oral fluid tests, may return results in seconds.

Scheduling employment drug screening can add to the time it takes to get test results. Working with a CRA like Checkr can speed up the process. Checkr makes it easy for candidates and employees to schedule drug tests conveniently, while our wide network of labs means you get results quickly.

Although there isn’t a set list of roles requiring drug testing, many employers follow guidelines from the Substance Abuse and Mental Health Services Administration (SAMHSA). In general, industries that frequently conduct pre-employment drug testing include:

If none of the substances being tested for were found in your specimen, your drug test results will be negative. Checkr’s candidate portal allows candidates to conveniently check whether their employee drug testing results were negative or positive. 

If an organization conducts pre-employment drug testing, it generally takes place as part of a background check. In most states, however, employers must make a conditional offer of employment before asking candidates to undergo a drug test check. Not all companies perform pre-employment drug testing, but it is required by law in some safety-sensitive jobs, such as those regulated by the Department of Transportation (DOT).

The cost of a drug test can vary from under $10 to over $500 depending on the screening method, the number of substances being tested for, and your drug testing process (onsite vs. laboratory). Employers typically pay for the cost of employee drug testing. Under the federal Fair Labor Standards Act (FLSA), the time that an employee spends taking a drug test is considered hours worked, so a speedy process with an efficient drug testing service could help you lower your total cost per test.

Breath alcohol testing can detect alcohol up to 12 hours after an individual has a single drink and will show whether you are intoxicated at the time of testing. In jobs where being intoxicated could cause legal liability, such as operating heavy machinery, this could be grounds for denying employment. However, what happens after a positive alcohol test also depends on applicable federal, state, and local employment laws. 

Managing your employment drug screening program is simple when you partner with Checkr. Checkr offers a wide range of employment drug tests to choose from, including standard multi-panel and DOT-compliant screenings, for streamlined hiring. Employers can easily add drug testing to an employment background screening, while candidates can conveniently schedule drug tests online. Choose from rapid, onsite drug testing or testing through an extensive network of over 15,000 clinics. Both options deliver timely, reliable results with easy-to-read reports. 

The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.