Screening FAQ

Drug And Alcohol Screening Frequently Asked Questions

For the Nearest Drug Testing Collection center Click Here

Q. Have the statistical benefits of drug screening been proven?

A. For the results of studies on the benefits of drug screening: Click Here

Q. Can you provide Oral Fluids drug testing instead of the traditional methods?

A. No. Currently Oral Fluids drug testing may not meet the requirements of a Drug Free Workplace Program and may not qualify for the Workers' Comp rate reduction.

Q. What are the essential requirements for a Drug Free Workplace Program?

A. For the essential requirements of a drug free workplace program: Click Here

Q. Do you offer guidance in establishing or administration of a Drug Free Workplace Program?

A. No. we only offer testing and collection services. For administration of a drug free workplace program we recommend you contact Seay Management Consultants.

Q. May an employer ask applicants about their lawful drug use if the employer is administering a test for illegal use of drugs?

A. Yes, if an applicant tests positive for illegal drug use. In that case, the employer may validate the test results by asking about lawful drug use or possible explanations for the positive result other than the illegal use of drugs.

Example: If an applicant tests positive for use of a controlled substance, the employer may lawfully ask questions such as, "What medications have you taken that might have resulted in this positive test result? Are you taking this medication under a lawful prescription?"

Q. May an employer ask applicants about their prior illegal drug use?

A. Yes, provided that the particular question is not likely to elicit information about a disability. It is important to remember that past addiction to illegal drugs or controlled substances is a covered disability under the ADA (as long as the person is not a current illegal drug user), but past casual use is not a covered disability. Therefore, the question is fine as long as it does not go to past drug addiction.

Example: An employer may ask, "Have you ever used illegal drugs?"
"When is the last time you used illegal drugs?" or

"Have you used illegal drugs in the last six months?"

These questions are not likely to tell the employer anything about whether the applicant was addicted to drugs.

However, questions that ask how much the applicant used drugs in the past are likely to elicit information about whether the applicant was a past drug addict. These questions are therefore impermissible at the pre-offer stage.

Example: At the pre-offer stage, an employer may not ask an applicant questions such as, "How often did you use illegal drugs in the past?"

"Have you ever been addicted to drugs?"

"Have you ever been treated for drug addiction?" or

"Have you ever been treated for drug abuse?"

Q. May an employer ask applicants about their drinking habits?

A. Yes, unless the particular question is likely to elicit information about alcoholism, which is a disability. An employer may ask an applicant whether s/he drinks alcohol, or whether s/he has been arrested for driving under the influence because these questions do not reveal whether someone has alcoholism. However, questions asking how much alcohol an applicant drinks or whether s/he has participated in an alcohol rehabilitation program are likely to elicit information about whether the applicant has alcoholism.

If you have questions regarding Human Resources or employment regulations contact your legal counsel or Jennifer McBennett of Seay Management Consultants at 407-426-9484 or email her.