Please don't assume I'm seeking information for selfish reasons. I'm am grateful to be clean and sober since July 2012.
These questions came up during a friendly debate with my brother. He's of the opinion that all forms of drug testing should be illegal, I don't want the government in my business types. He's a nut and I love him!
Some questions came up that google couldn't answer!! I just want to make clear that this post is curiosity motivated only.
Has anyone ever ben asked for an "observed urine collection" pre-employment drug test. I always thought (not sure why) that observed urine collection was illegal by employers in Texas, and only allowed for court ordered, probation related types of situations. He said that's not true and it's at the employers discretion. Any answers out there??
We also debated the legalities of pre-employment screening. Can an employer demand the test be observed as a condition of employment. If you think like a lawyer....you could reasonably argue that "a requirement of employment involves allowing a stranger to see your genitalia."
I can't recall ever having a pre-job test that was observed. Has anyone ever experienced that? I have had an observed collection at the hospital when a bunch of us had to test when the narc count was off. It didn't bother me because I understand the rules are different in healthcare...but I can see how it might bother someone.
And why is it that hospitals send you to an outside lab for pre-employment testing, use the hospital's own lab for post accident or random testing, and collect the specimen in house and then send to an outside lab for a reasonable suspicion drug test?
Recently Baylor announced that all new hires are required to do mouth swabs for tobacco use and they will not hire a smoker. Does that mean down the line they could randomly test employees or become suspicious that someone has started smoking, then terminate?
Also, I find it interesting that with TPAPN participants (the Texas peer assistance program for nurses in recovery) randoms are unobserved. The paperwork says that they CAN request hair, blood, urine, and saliva. I'm curious if anyone has ever been asked for hair, blood, or saliva while in a state managed nurse recovery program? It seems to me that hair testing gives more information and is harder to "trick" than urine. I have no idea the cost, but my understanding is hair testing goes back 90 days. If I'm in charge of hiring people, i would rather know if they had used in the last 3 months vs the last 3 days.
Have anyone been asked for hair, blood, or saliva during a pre employment or while employed in healthcare?