Reasons Employees Refuse Drug Screenings

Of course, some employees will refuse drug screenings because they already know they won't pass. Other instances are more nuanced. Employees may take a prescribed medication they fear will cause a positive result, or may have phobias or concerns about providing a sample or how the process is conducted. Still others may have difficulty with testing times or locations.

When Is Screening Allowed?

For drug tests requested for a potential new hire, most states' laws allow you to refuse hiring someone who will not consent to a drug screening. Current employees may usually be screened if you have reasonable suspicion they are using drugs and that doing so would compromise their performance. In some states, random testing is only permitted for high-risk or safety-sensitive occupations, unless employees have specifically agreed to it already.

Options for Employees Who Refuse Screening

In many states, employers must confirm positive screening results with a second positive test before any disciplinary action may be taken. As long as all screening was done in full compliance with Federal and State testing regulations, appropriate action may be taken, including firing.

Important Considerations

To ensure protection for both employers and employees with drug screenings, we suggest:

• Written and clearly communicated drug screening policies
• Careful adherence to Federal and State screening requirements
• Recognition that laws including the Americans with Disabilities Act (ADA), privacy, and others may be applicable to both the testing process and employer and employee responses to the process and its results



At Employer Reference Source, Inc., our mission is to help you easily and effectively evaluate current and potential employees to ensure you have the safest, most reliable workforce possible. Contact us today to see how our drug and background screening services can enhance your workplace.