20 Feb Drug Testing and Prescription Medication
If you made an application for a job and you have been given an appointment tentatively, it is possible for you to have mixed feelings if you have been taking a prescription medication. This is because employees in most workplaces, as well as individuals looking for employment, may be asked to complete a drug test. Based on the motive behind such testing, it may even be unannounced in the form of random or post-accident testing.
The source of concern under this kind of situation is that an individual that is subject to the drug test may sometimes be taking a prescribed substance and this will probably make their drug test specimen to give a positive result, presumptively so. The thing here is that under federal law, it is not right to be barred from taking a certain medication if you take it under your doctor’s supervision so normally, your job shouldn’t force you to stop using a legally prescribed substance.
When this happens, the next logical step is to engage the service of a Medical Review Officer. An MRO is a licensed physician that is saddled with the responsibility of reviewing laboratory results and evaluating possible medical explanations for all those drug test results. Typically, an MRO is an independent and neutral third party that tries to ascertain the integrity of the testing process as well as the surrounding circumstances and canvases for the accuracy of the results. The point here is, using the services of an MRO can help an employer to add a layer of due process and accountability to their drug-free workplace programs. As such, they will be of help in helping to ascertain if your prescription medication wouldn’t conflict with the requirements of your job.
Going the legal route
Sometimes, if an employee or a job applicant under prescription medication tests positive from for a drug test, it will be better to go the legal route by meeting with their employment attorney. The fact is that generally, employers may fear that the abilities and performance of an employee will be affected by the use of prescription medication or that the use of prescription drugs could even make them a danger to themselves or others. However, negative employer decisions occasioned by bias and fear of those who are disabled, or perceived as disabled, are considered illegal under the federal Americans with Disabilities Act (ADA) and similar state laws. When this happens, an employment attorney needs to step in against such infringement of the right to work.
In conclusion, it needs to be noted that an employee should not lose a job for testing positive to a drug test as a result of subscription medication. It is also important for such information to be disclosed by the employee to avoid possible complications. So if you have had problems obtaining a job or if you have lost a job because drug test results revealed your use of prescription drugs, contact an employment attorney to talk about your situation as well as your employer’s legal obligations and determine how the law may apply to your condition.