An employer in Texas may legally conduct a drug test on a job applicant or on a current employee. While there are no State laws that regulate testing, an applicant should still be informed prior to being tested and they should provide their written consent. Employers that would like to test employees are advised to first create a written policy indicating which employees will be tested, what circumstances permit testing, and what disciplinary action will be taken if tested positive (click here for an example policy). Once drafted, the policy should be reviewed by all employees and their consent should be documented.
Can Current Employees be Tested? Yes.
Is Certified Drug Testing Required? No.
Laws – None.
What Can be Tested? No limitations.
How to Conduct a Legal Drug Test
Step 1 – The subject should start by filling out a Drug Test Release Form to show proof of their consent to the test. After the subject completes the release form, the employer may rightfully take a sample from the individual. There are no restrictions on what samples can be taken. Therefore, any of the following samples may be obtained:
- Other bodily fluids
Step 2 – The employer may now have the sample tested for drugs and alcohol. Texas law has no requirement for certified drug testing in the workplace. As a result, the sample may be tested at any medical facility which offers drug testing. It is recommended, however, that the sample be tested at a laboratory which has been certified by the Substance Abuse and Mental Health Association (SAMHSA). A list of certified laboratories can be found on the SAMHSA Website.
Step 3 – The employee or applicant should be informed of the test results. If tested positive, the employer may legally disqualify the applicant for a position of employment and/or terminate the employee.