Can an employer in Alabama mandate drug testing of applicants and employees?
If your Alabama employer or a potential employer has requested you to submit to a drug test, you should be aware of your legal options. Employer drug testing is subject to minimal restrictions under federal law: Although the federal government compels employers to conduct drug tests in a select safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense), federal law does not mandate – or ban – drug tests in other industries. This region is mostly governed by state and local regulations.
Alabama, like many other states, has a drug-free workplace policy that regulates drug testing. Employers that implement such a program and get it approved by the state’s labor department may be eligible for a reduction in their workers’ compensation insurance costs. To get their discount, companies must fulfill the state’s requirements. Employers in Alabama are required to test employees and applicants under particular conditions and follow certain processes.
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Alabama Job Application Procedures
Employers in Alabama with a drug-free workplace policy are obligated to drug test candidates who have received conditional job offers. More restricted testing is permitted if it is undertaken on the basis of acceptable work role categories. For example, if an employer does not wish to test every job candidate, he or she may test just those whose occupations would entail potentially hazardous activities (such as operating heavy machinery or carrying a weapon).
If an employer needs candidates to take a test, it must publish a notice about the testing requirement in its job announcements or advertisements.
Alabama Employee Regulations
Employers in Alabama that have a drug-free workplace policy must test workers in the following situations:
after an accident that results in lost work time based on reasonable suspicion of drug use (reasons for suspicion must be documented and made available to the employee upon request) as part of a routinely scheduled fitness-for-duty medical examination, and after the employee returns to work following rehabilitation for a positive drug test If the employee attended rehab willingly rather than as a result of a positive drug test, testing is not necessary.
Employers may also undertake random drug testing.
Employees’ Notice and Procedural Rights
An employer who uses drug testing must advertise its policy, and workers must be given at least 60 days’ notice. Employees who test positive have five days to challenge or explain the outcome. Employers are also required by state law to follow certain protocols for collecting specimens, testing, protecting confidentiality, and so on.
Drug Testing-Related Legal Claims
Have you ever been wrongfully requested or forced to undergo a drug test? Although Alabama law enables employers to drug test workers and applicants, employees and applicants may have legal claims depending on how the test was done, who was tested, or how the findings were utilized. Here are a few such examples:
State laws and procedures have been violated. Although an employer has the legal authority to test, it must follow the rules of the state. An Alabama employer who fails to provide the required notice of its testing policy or fails to observe state procedural rights (for example, by failing to conduct a confirmation test following an initial positive result or allowing unauthorized personnel to perform the test) may face legal consequences.
Discrimination based on disability. The Americans with Disabilities Act protects an applicant or employee who is taking medicine for a disability (ADA). Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable.
Other charges of discrimination An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. For example, compelling workers to disrobe or produce a urine sample in front of others may be a breach of their privacy.
Defamation. If the employer publicizes that the employee tested positive and the employer has cause to believe that the test is inaccurate, the employee may have a legitimate claim for defamation. For example, if a retest revealed that the initial test was a false positive, or if the employee has challenged the original test, the employer may be accountable for disclosing the positive test findings to individuals who do not have a need to know.