Mandating workplace drug testing

Second, the Connecticut law provides that no employer may determine an employee’s eligibility for promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action solely on the basis of a positive urinalysis drug test result unless: Reputable commercial labs are aware of the requirements and generally will split the sample and run an appropriate confirming test if necessary.

Mandating workplace drug testing

However, it does require covered entities to: The Act further requires each covered entity to certify that it will provide a drug-free workplace by complying with the above measures.

The Americans with Disabilities Act covers all employers with 15 or more employees.

The statute further provides that the results of any such test must be kept confidential and not disclosed by the employer or its employees to any person other than any such employee to whom such disclosure is necessary.

Drug test results should be treated the same as employee medical records, kept separately from personnel records.

It is a good idea to have the applicant sign a consent form for the drug testing which also authorizes the laboratory to release the results to the employer. Note that individuals who were previously employed by the employer and who are applying for re-employment within twelve months of their termination are treated like current employees for purposes of drug testing, rather than as prospective employees.

They cannot be tested unless the requirement of reasonable suspicion is met, or unless they are covered by another law that requires testing.

The DOT rules are implemented by the various agencies with oversight for the particular form of transportation involved. In addition to transportation, there are federal laws and regulations concerning drug testing for certain other industries and agencies.

These include: the Federal Aviation Administration (air transport); the Federal Highway Administration (commercial motor transport); the Federal Railroad Administration (railroads); the Federal Transit Administration (mass transit); the Research and Special Programs Administration (pipelines); and the U. These include the nuclear industry, the defense industry, the Department of Energy, and NASA.

The request should be sent to: Director, Wage & Workplace Standards Connecticut Department of Labor 200 Folly Brook Blvd.

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