Are employers allowed to require a drug test?
In Texas, employers are allowed to require a drug test if they have a reasonable suspicion that an employee is using illegal drugs. This is usually done when an employee has exhibited behavior which can be related to drug use, or when the employee is suspected of engaging in illegal drug activities. It is important to note, however, that employers cannot randomly drug test their employees. Drug testing must be conducted in a reasonable manner, and must be part of a policy which is written and clearly communicated to all employees. Furthermore, employers must also be able to demonstrate that the drug test was related to a legitimate business purpose. In the state of Texas, employers are further prohibited from denying employment to an individual on the basis of a negative drug test. However, if an individual fails a drug test, the employer may place the employee on probation, followed by termination if a second drug test is failed. Finally, it is important to note that employers must provide a safe working environment free from any drug related risk or harm. Drug testing should only be used as a preventative tool to ensure that employees are not placing themselves or others at risk of injury or harm.
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