| State: | Texas |
| Statute of Order: | Currently Not Available |
| Covered Employers: | Currently Not Available |
| Applicant Testing: | Currently Not Available |
| Employee Testing: | Currently Not Available |
| Conditions & Methods: | Currently Not Available |
| Pass Drug Testing Bulletpoints: |
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10 Things to Know To Pass A Drug Test In Texas
1) Texas Laws for Drug Testing
Texas law states that if a business wishes to take part in the workers’
compensation system and has over 15 employees than that employer shall
formulate a policy for drug abuse prevention. Otherwise there is no state
law or ordinance that mandates how a company must conduct their drug-testing
program.
2) Types of Drugs
Texas has no state laws that require certain types of drugs be tested for.
Alcohol, marijuana, barbiturates and many more can all be tested at the whim
of an employer. There is no limitation for private or public companies as to
what they can test for.
3) Company Disclosure
State law does require that each employee, on the first day of hire, be
presented with a written drug abuse and testing policy. However no company,
private or public, is required to post their policy in any public area on
company grounds.
4) Written Policy
For those companies taking part in the workers’ compensation program there
must be a written policy. The policy must included the following items:
-The purpose of the drug abuse policy must be explained in a coherent and
easy to understand statement.
-The policy must list the types of drugs that will be tested for such as
alcohol, illegal drugs, drugs that are huffed or inhaled and even
prescription drugs if the company chooses.
-The policy must include and consequence for those who are caught or who
test positive using drugs that are not allowed per company policy.
-The policy must include information on drug and alcohol treatment programs
available and whether these programs are covered by the employers’ health
insurance.
-Finally the policy must describe the drug testing the employer conducts to
test for use and abuse.
5) Types of Drug Testing
Texas state law does not require any particular form of drug testing be
conducted. The employer can choose the type of drug testing they prefer be
it the standard urine test or the more sophisticated hair sample or blood
test.
6) Who Pays
There is not statute that states the employer or the employee must pay for
the drug testing. As standard practice the employer will foot the bill for
the drug test.
7) The Lab
There is no law or ordinance in Texas stating drug testing must take place
at a hospital, laboratory, or doctor’s office. It is up to the employer to
decide where the want to send their employees for drug and alcohol testing.
8 ) Mandatory Drug Testing
Texas state law does not demand any particular employee be tested for drug
and alcohol use. Not even those individuals involved with public safety or
who perform dangerous tasks are required to be tested for drugs.
9) When Should Drug Testing Occur?
It is up to the company as to when they decide to perform employee drug
testing. Most employers will conduct drug-testing prior to an employees
first day on the job but this is not a state law.
10) Testing Positive
Companies that participate in the workers’ compensation program must
disclose any consequences set forth by the company if drug or alcohol use is
confirmed. However there is no law or ordinance stating how a positive test
must be handled by a company. This is true for both public and private
companies. There is one exception, if an employee has a commercial driver’s
license and they do test positive they must be reported to the Department of
Public Safety. And, anyone who falsifies a drug test can be prosecuted.
PASS A DRUG TEST IN TEXAS
