Drug & Alcohol Testing Policies Change in 2020: Is Your Construction Business Ready? (2022)

On Jan. 1, 2020, several states began to allow recreational use of marijuana, calling into question the effects of legalization on employer drug policies. Although none of the state-specific laws affect federal drug testing policies for CDL holders, they may affect companies' zero-tolerance policies.

New legislation in Illinois prohibits employers from refusing to hire or discharge any individual who uses lawful products off the premises during nonworking hours. Nevada has similar legislation banning employers from refusing to hire an applicant for failing a pre-employment drug test for marijuana. In some states where recreational marijuana is legal, employers can still take action; however, impairment can't necessarily be determined by a drug test.

Employers need to review their state-specific recreational and medicinal marijuana laws and develop appropriate workplace impairment and drug testing policies. Here's a brief overview of the new legislation that construction contractors need to be aware of:

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FMCSA Clearinghouse Begins Jan 6:

Commercial driver's license (CDL) holders and their employers are required to register with the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse beginning Jan. 6, 2020.This means all FMCSA-covered employers must use the Clearinghouse to report commercial motor vehicle drivers’ drug and alcohol program violations (identified in thefinal rule). They must also query the Clearinghouse for new hires upon hire and annually for current employees. Employers are required to revise their drug and alcohol testing policies to list the drug and alcohol violations that will be reported to the Clearinghouse.

While this rule does not change any existing requirements under DOT workplace drug and alcohol testing requirements, the program streamlines access to information. The clearinghouse is a secure online database that will give employers, FMCSA, state driver licensing agencies and state law enforcement personnel real-time information about CDL and commercial learner's permit holders' drug and alcohol program violations.

Illinois Recreational Marijuana Law:

The Cannabis Regulation and Tax Act went into effect on January 1, 2020. The Act allows anyone over the age of 21 to possess, use or buy marijuana. More significantly, marijuana will be considered a “lawful product” for purposes of the Illinois Right to Privacy Act, which bars discrimination against employees and applicants for using lawful products off-duty and off of the employer’s premises.

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According to the Jackson Lewis law firm,even though marijuana will be considered a “lawful product,” the Act expressly permits employers to conduct “reasonable suspicion” and post-accident drug testing for marijuana, in accordance with the requirements of the Act.The Act says:

An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, including symptoms of the employee’s speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or other, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others.

If an employer elects to discipline any employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.

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Nevada Law Prohibiting Pre-Employment Marijuana Tests:

Effective January 1, 2020, pre-employment drug testing for marijuana is illegal in the state of Nevada. Thelawdoes not apply to applicants who apply for positions as firefighters, emergency medical technicians, operators of motor vehicles who are required to submit to drug tests, or other positions that “in the determination of the employer, could adversely affect the safety of others.”

The law does not apply if it conflicts with the provisions of an employment contract or a collective bargaining agreement, or if it is inconsistent with provisions of federal law, and further does not apply to positions funded by a federal grant.

The law further provides that if an employer requires an employee to submit to a drug test within the first 30 days of employment, the employee shall have the right to submit to an additional drug test, at his or her own expense, to rebut the results of the initial test. The employer “shall accept and give appropriate consideration to the result of such a screening test.”

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New York City Law Prohibiting Pre-Employment Marijuana Tests:

Effective May 10, 2020, the New York City Human Rights Law will prohibit pre-employment marijuana drug tests.The lawwill not apply to applicants for certain types of jobs. The law specifically does not apply drug testing required by:

  • Any regulations promulgated by the U.S. Department of Transportation that require pre-employment drug testing, as well as any state or city regulations that adopt the DOT rules;
  • Any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant;
  • Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; or
  • Any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.

New Jersey Law Requires Written Notice To Individuals Who Test Positive For Marijuana:

In New Jersey, the medical marijuana law was amended in July 2019 to prohibit employment discrimination against medical marijuana users. It is still permissible for New Jersey employers to prohibit marijuana use during work time and on Company premises. However, the law now requires employers to provide written notice to all applicants and employees who test positive for marijuana. The written notice must give the applicant or employee an opportunity to provide a “legitimate medical explanation for the positive test result.” Thereafter, within three working days after the employee or applicant receives the written notice, the employee or applicant may either provide a legitimate medical reason for the positive test result, or may request retesting of the original specimen at the employee or applicant’s expense. The legitimate medical reason may include authorization for medical marijuana use by a health care provider, proof of registration for medical marijuana use, or both.

Oklahoma’s Medical Marijuana Law Was Amended:

Oklahoma’s medical marijuana law was amended in August 2019 to clarify certain regulatory aspects of the state’s existing medical marijuana law. UnderOklahomalaw, employers cannot refuse to hire, discipline, discharge or otherwise penalize an applicant or employeesolelyon the basis of the applicant’s or employee’s status as a medical marijuana licensee. Moreover, an employer may not refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive drug test result for marijuana, unless:

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  1. the applicant or employee is not in possession of a valid medical marijuana license;
  2. the licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations [the law does not define “under the influence”]; or,
  3. the position is one involving safety-sensitive job duties.

“Safety-sensitive” is defined to mean any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others.


Do you get drug tested on construction sites? ›

He says larger construction companies typically have “very strict and thorough policies”, such as carrying out random drug tests on site.

Do you have to say yes to a drug test? ›

Can I Say “No”? Here's the simple answer: Yes, you can say no to a drug test.

What happens if you fail a drug test UK? ›

Depending on your company's policy, failing a drug test could lead to disciplinary action or you being dismissed. If your company has a zero tolerance policy to drugs, just the positive test could be seen as 'gross misconduct' and you could be dismissed immediately or suspended while there is an investigation.

Can employer drug test without notice UK? ›

Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.

What kind of drug test does Granite Construction do? ›

Yes, Granite Construction drug tests. The company drug screens all potential hires during the pre-employment phase. It also conducts random drug tests on current employees.

Do architect firms drug test? ›

Architecture and construction industries often carry out lucrative contractual projects for state and federal governments. Since this involves public work and state funds, drug testing will be routine for most jobs.

Can you say no to a drug test for a job? ›

You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.

Is it better to refuse a drug test? ›

The US Department of Transportation recommends that you always “comply, then complain.” Even if you don't agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.

How long will delta-8 stay in your system for a drug test? ›

Last Words. While delta-8 THC's effects last up to five hours in your body, the metabolites can stay in your system for up to 90 days. Luckily, the most common tests can detect metabolites for only a few days. However, if you are a chronic user, the test can yield positive even after 30 days.

What should I say if I fail a drug test? ›

Common excuses for failing a drug test
  • It must have been something I ate.
  • I kissed my boyfriend after he smoked a joint.
  • My dentist gave me something strong for a sore tooth.
  • I ate a lot of poppy seed muffins for breakfast.
  • I failed because of second-hand marijuana smoke.
1 Aug 2018

Can employers watch you pee for drug test? ›

Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.

Will I lose my job if I fail a drug test? ›

As a general rule, an employer may terminate your employment (or refuse to hire you) if you fail a drug test.

Can you refuse an alcohol test at work? ›

Drug and alcohol testing in the workplace is legal as long as it is administered fairly, however, it is not enforceable by law; you can refuse to partake in a drug or alcohol test. Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job.

Will CBD show on drug test UK? ›

If you consume CBD oil, you should not test positive for cannabis on a workplace drug test. Our workplace drug tests are testing for THC and its metabolites. UK regulated CBD oil contains either very low amounts of THC or none at all. So there is little chance you will test positive for THC after using CBD oil.

Can you refuse a drug test from police UK? ›

Method of testing and refusal of test

However, not giving a sample for testing is a separate offence punishable by a prison sentence of up to three months and/or a fine of up to £2,500. If you refuse to provide a sample without a good reason, you should be told by the police officer that you could be prosecuted.

Does Granite Telecommunications drug test? ›

Hiring Process: 3 months temp work, then if they like you, the chance to take a drug test for a permanent position. It is ideal to seek employment elsewhere during this process. In addition, you do not have any benefits during this time.

Do AutoCAD drafters get drug tested? ›

Architects and AutoCAD Designers

These are computer based designing jobs which doesn't really require drug test.

Does Hulu do drug testing? ›

Drug testing is required.

Do copywriters get drug tested? ›

Neither graphic designers nor copywriters are likely to face a pre-employment drug test. A big reason is that many of these are freelance gigs: No boss = no drug test. But even when working for employers, drug testing is unlikely in these fields.

Why would someone refuse a drug test at work? ›

A worker can also refuse to take a drug test when it would violate a state law. In addition, a worker can refuse to undergo a drug test if they believe and can prove that the reason they have to get one is based on discrimination.

Can you be forced to take a drug test at work? ›

Drug testing and your rights

Your employer may decide to test employees for drugs. To do this, however, they need the agreement of employees. This should normally be given where your employer has grounds for testing you under a full contractual occupational health and safety policy.

What happens if you refuse to pee? ›

Here are some of the dangers of holding your pee: If you don't empty your bladder often enough, or go a couple of days without emptying it all the way, it can result in a urinary tract infection (UTI). If you hold your pee as a matter of habit, your bladder can start to atrophy. Over time, you may develop incontinence.

Is refusing a drug test the same as failing? ›

Your refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test.

Does a failed drug test show up on a background check? ›

Can a Failed Drug Test Show Up on a Background Check? In most cases, no. Previous drug tests are strictly private between an employee and their former employer.

How do I dispute a positive drug test? ›

How Can I Dispute a False Positive Drug Test?
  1. Step 1: Get out in front of the issue. ...
  2. Step 2: Ask your doctor or pharmacist. ...
  3. Step 3: Ask to retake the drug test.
2 Jul 2021

How long does Delta 9 gummies stay in your system? ›

Delta 9 is usually undetectable in your blood within 24 to 48 hours after use. However, it can be longer for habitual users.

How do I pass a delta-8 urine test? ›

How To Pass A Drug Test After Consuming Delta-8
  1. Sweat and exercise. In the days or weeks before the test, help your body burn the fat the THC is partnered up with, and help your metabolism process it. ...
  2. Eat good food. Think of your diet as detox support. ...
  3. Stay hydrated. ...
  4. Sleep well.
4 May 2021

How long does it take for Delta 10 to leave your system? ›

Delta 10 THC typically remains in your system roughly 2-24 days, with taking into account the many factors that can influence how much Delta 10 has accumulated in the body, such as frequency of usage, metabolism and when it was last taken.

How far back does a 10 panel urine test go? ›

Drug Detection Duration

Cannabis: 2 to 28 days depending on how frequently the person uses the drug. The more often you use it, the longer it's likely to remain in your system. Benzodiazepines: 3 days if you are using them as prescribed. 4 to 6 weeks after extended use or misuse of greater quantities.

Does CBD vape Liquid show up on a drug test? ›

Long story short, yes, CBD may yield a positive result on a drug test. There are certain actions you can take to determine whether the product you're buying contains the lowest amount of THC possible, but there's no guarantee that the labeling is accurate due to the lack of regulation of CBD products.

How long does drug stay in your system chart? ›

How Long Will a Drug Stay in My Body?
DrugIn BloodIn Urine
Amphetamines12 hours1-3 days
Barbiturates1-2 days2-4 days
Benzodiazepines2-3 days3-6 weeks
Cannabis2 weeks7-30 days
9 more rows

What temp should urine be? ›

(1) The acceptable temperature range is 32-38 °C/90-100 °F. (2) You must determine the temperature of the specimen by reading the temperature strip attached to the collection container. (3) If the specimen temperature is within the acceptable range, you must mark the “Yes” box on the CCF (Step 2).

What is acceptable temp for urine test? ›

The time from urination to temperature measurement may not exceed 4 minutes. If the temperature of a urine specimen is outside the range of 90 °F to 100 °F (32 °C to 38 °C), that is a reason to believe the donor may have altered or substituted the specimen.

Does Delta 8 show up on drug tests? ›

Therefore, participants using delta-8 will likely screen positive for cannabinoids—either from the delta-8 metabolites themselves or from other cannabinoids that are present in the product being used.

Can you reapply after failing a drug test? ›

5 answers. You can reapply after 90 days of the failed drug test to be reconsidered.

Can you still get hired if you fail an assessment test? ›

Yes you can still get the job. If you failed the assessment, You should ask for a lower position , learn all that you can and move your way up. A lot of managers started as janitors or cashiers.

What happens if a drug test comes back positive? ›

If a drug test result is positive, it means that one or more drugs were found in amounts that suggest drug use or misuse. Positive tests require follow-up testing because they may be wrong (false positives). The follow-up test is usually a test that provides more accurate results.

How do I dispute a positive drug test? ›

How Can I Dispute a False Positive Drug Test?
  1. Step 1: Get out in front of the issue. ...
  2. Step 2: Ask your doctor or pharmacist. ...
  3. Step 3: Ask to retake the drug test.
2 Jul 2021

Can you ask someone if they can pass a drug test? ›

Asking About Legal Drug Use

The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is “innocuous” and won't bring out information about a disability.

What happens if you fail a drug test for a job interview? ›

What Happens If I Fail a Pre-Employment Drug Test? In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test.

What causes false positives drug test? ›

The bottom line

A false positive is when a drug test shows the presence of a medication or substance that you didn't actually take. Multiple medications can cause false positive results. Some examples include NSAIDs, dextromethorphan, and some antidepressants.

How far back does a 10 panel urine test go? ›

Drug Detection Duration

Cannabis: 2 to 28 days depending on how frequently the person uses the drug. The more often you use it, the longer it's likely to remain in your system. Benzodiazepines: 3 days if you are using them as prescribed. 4 to 6 weeks after extended use or misuse of greater quantities.

What is the most common false-positive drug test? ›

False-positive results for amphetamine and methamphetamine were the most commonly reported. False-positive results for methadone, opioids, phencyclidine, barbiturates, cannabinoids, and benzodiazepines were also reported in patients taking commonly used medications.

What do you say when you fail a drug test? ›

Common excuses for failing a drug test
  • It must have been something I ate.
  • I kissed my boyfriend after he smoked a joint.
  • My dentist gave me something strong for a sore tooth.
  • I ate a lot of poppy seed muffins for breakfast.
  • I failed because of second-hand marijuana smoke.
1 Aug 2018

Can they watch you pee for a drug test? ›

No they do not watch. No they only watch you take the breathalyzer and when they send you for the urine test they just escort you to the bathroom and give you instructions.

Can employers watch you pee for drug test? ›

Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.

Does failing a drug test go on record? ›

For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it. If a drug test leads to a criminal conviction, the information is public record and may be easily found by an employer.

What do employers look for in a drug test? ›

Typical drugs screened in a pre-employment urine drug test include marijuana, cocaine, amphetamines/methamphetamines, PCP, and opioids, with the option for employers to test for many additional substances.

Can I drink alcohol before a pre employment drug test? ›

Since alcohol can stay in your body anywhere from several hours to a few days, the best way to guarantee you'll pass a drug test is to not use alcohol for about 2 or 3 days before taking a test. Especially if the type of test your taking looks for intake of both drugs and alcohol, it's better to stay safe than sorry.

How do you know if you passed a drug test? ›

Drug test results typically take 24 to 48 hours, depending on the type of test being performed (e.g., urine, hair or DOT). If Concentra serves only as the collection site for your drug tests, then results will be reported to you directly from your selected lab/third-party administrator, and result times may vary.

Is it OK to drink coffee before a urine test? ›

If your doctor has ordered a test for metanephrine in your urine, you should avoid caffeine for 24 hours and during collection of your specimen.

Does ibuprofen show up in urine drug test? ›

Nonsteroidal anti-inflammatory drugs (NSAIDs) have also been shown to interact with UDS immunoassays. Both ibuprofen and naproxen have been documented to cause false-positive barbiturate4 and cannabinoid1-4 levels. In addition, ibuprofen can cause a false-positive PCP level.

Can Tylenol cause false positive drug test? ›

You should also be aware that certain antidepressants like Zoloft and Prozac, along with sleeping pills like Tylenol can cause a false positive. Anyone taking OTC or prescription medications should raise the matter immediately after a false positive.


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