Does Texas require employers to test for pot? This is what the law says
In Texas, there are few limits on private employers’ drug screening rights. Companies are free to drug test their employees or not require workplace drug testing, but there are some requirements they must adhere to.
If a current or potential employer asks you to take a drug test, these are the answers to the questions you might have about the process.
What Texas law says about drug testing
The Texas Workers’ Compensation Act states that companies that employ 15 or more workers are required to enact comprehensive drug reduction policies, per the Underwood Law Office, and a written copy must be given to the employee. That policy addresses when employees will be tested, the acceptable levels for alcohol or marijuana, who will be tested and the consequences of a failed drug test, according to Murray Lobb Attorneys. The Texas Workforce Commission publishes guidelines on this for private employers.
There are no drug testing laws for private employers in Texas. Texas does not restrict private employers’ right to require drug testing for their employees. That means that if your current or prospective employer asks you to complete a drug test, you must do so, and if you refuse to there are penalties they can put in place such as denying you the job or firing you.
There are three types of drug tests employers can conduct. They can do it as part of a pre-employment screening, random testing, or for a certain cause. However, the employer cannot perform a drug test unless the employee has given their written consent. While the employee can refuse to sign off, the employer can fire them for declining. Employers are also free to require pre-employment drug testing and/or to enforce random drug testing multiple times a year.
Employers can test for any substances using any accepted method including urinalysis, blood or hair follicle testing.
But it’s illegal for an employer to single you out for discriminatory reasons because you’re part of a certain race, ethnicity or other group. The employer must also conduct the test with respect to your privacy, according to Underwood Law.
Because recreational marijuana is illegal in Texas, companies may test their employees for marijuana use. The Compassionate Use Act passed in 2015, making medical marijuana legal in Texas, does not impact workplace drug testing laws. Employees can discipline employees and refuse employment for job candidates who test positive for marijuana use, regardless of whether they have a valid medical marijuana prescription, per Health Street.
What happens if you fail a drug test
If you fail the drug test during the pre-employment process, that could lead to disqualification for the job. If you’re already employed and fail a random or “for cause” test, you may either get fired or be required to address your drug use through a rehab program.
Employees who are found in possession of a controlled substance could face felony charges and jail time. If you are currently on probation, failing a drug test could lead to stricter probation or jail time in some cases.
