That would depend on the essential job functions. For instance the safety of the employee or other individuals can be at risk due to health reasons of the employee. Or for another example coal miners are often required to have a certain amount of exams due to the high potential of acquiring black lung.
The employer can't force the employee to do anything. The employee can always quit. The employer can require taking a blood test to be able to continue employment meaning they can tell them to take the test or be fired.
They could raise health and safety issues up and their duty of care to you and the people you work with. If I were you, I would join a union. Get some powerful backing just in case.
Yup!
Yes. An employer can fire anyone who fails a drug test regardless of their criminal history. FYI, in the majority of US states an employer has the right to fire any employee as long as the employee's status is not protected under EEOC laws and regulations regarding discrimination.
AFTER he's fired? No... what's the employer going to do, fire you again if you fail?Another View: CONSIDER - - What is the reason the ex-employer is giving you?If the employer believes they may have committed an error and discharged you wrongfully, and is POSSIBLY offering to reinstate you if you test clean, you MAY want to think about it.If there is any reason other than that, you definitely do NOT have to take the test.
no only a boss can
Yes, they can. Under federal law, an employer can require you to pay for the mandatory drug test. As long as having the employee pay does not have the effect of discouraging minority job applicants or lowering the employee's wage below the federal minimum, the employer can charge you for the test. Billing your health insurance is a form of billing you, even if your health insurance is from your employer.
A court can order you to take one, yes.
NO.. Unless your employer has them test for it (blood) most times they only test for (compounds for mj,heo,cocane ect)
An employer usually sets the work week within the contract of hiring their employee. The most at which an employer can make you work is 48 hours a week and the employee has the right to work more if they so choose to.
If you mean employer, yes they can, but any employer that makes you take a drug test for employment isn't going to hire you if you fail it.
Are you wondering if a prospective employer can test you for prescription drugs like BP medicine without your knowledge? The answer is no and if you were tested for those drugs you have grounds for a nice juicy lawsuit. An employer CAN give you a physical, but not without your consent.
Sure.
Yes.Question 7-9 If an employee who sustains a work-related injury requiring days away from work is terminated for drug use based on the results of a post-accident drug test, how is the case recorded? May the employer stop the day count upon termination of the employee for drug use under section 1904.7(b)(3) (vii)?Under section 1904.7(b)(3)(vii), the employer may stop counting days away from work if an employee who is away from work because of an injury or illness leaves the company for some reason unrelated to the injury or illness, such as retirement or a plant closing. However, when the employer conducts a drug test based on the occurrence of an accident resulting in an injury at work and subsequently terminates the injured employee, the termination is related to the injury. Therefore, the employer must estimate the number of days that the employee would have been away from work due to the injury and enter that number on the 300 Log.
They drug test you on your assessment day prior to employment within the Defence Force, you do not have to consent to the test as you are not an employee just yet but this will obviously terminate your application process.