The law on drug testing varies widely depending on whether the employer is privately held, whether the private sector employee holds a job that requires drug testing and whether both the employer and employee are in the public sector (state, county and municipal governments) or in the federal sector.

For employees of private companies, there are no state or federal laws that restrict drug testing with the exception that employers must create a written detailed drug testing policy that meets the requirements of the Texas Workforce Commission (TWC). Before an employee is drug tested, he or she must be provided with a copy of the Policy and consent to be drug tested. However, if the employee does not consent, he or she may be terminated. Once the employee consents, there can be pre-hire, for cause and random drug testing.

If an employee fails a drug test, he or she can challenge the test based on the employer’s non-compliance with the TWC Guidelines and other irregularities. If there are no grounds to challenge the test, a private employee may be terminated even when “just cause” is required for termination.  

The federal government has its own set of rules as do state, county and municipal governments on Drug Testing. Private sector employees who work in certain industries such as Transportation are governed by the US Dept. of Transportation rules on drug testing.

If you are terminated or your job is in jeopardy due to a failed drug test, contact Deborah, an experienced Drug Testing Lawyer, to set up an appointment to discuss your issue.