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employment drug testing: wt-----

Discussion in 'General Discussion' started by nordic alien, Jul 5, 2019.

  1. Rob Boudrie

    Rob Boudrie NES Member

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    Is telling employees they can get fired for badmouthing the company on internet a 1st amendment violation? Or what about firing people for expressing unapproved political opinions in a perfectly legal way?

    I remember reading about the Cygnus drug testing policy (at least years ago). It was basically "We do not offer drug testing as an employee benefit. Employees who wish to have their drugs tested can arrange to have it done on their own."
     
  2. whacko

    whacko NES Member

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    I'm definitely leaning full on libertarian.

    I believe in legalization of pot and most crap that anyone freely chooses to put into their body.

    I'm also fine with drug testing for conditions of employment......a company has the right to ensure its employees are going to be safe while on their property. There is no guaranteed right to a job.

    Individual liberty means you have the right to do basically what you wish with regards to drugs......but that in no way means those choices don't come with consequences.
     
    Last edited: Jul 7, 2019
  3. whacko

    whacko NES Member

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    Walmart.
     
  4. jpm

    jpm NES Member

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    The same is true for your 1st amendment right - you are free to say it but you are not free of the consequences that may come from your free speech (e.g. getting fired)
     
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  5. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    For some jobs I can understand it even though I don't like it. For other jobs (paper pusher in a cube as an example), there really is no justification. Just go by job performance and deal with problem employees rather than distrusting everyone.

    I never had a job that required a piss test, thankfully.

    Also realize that the employer doesn't run the samples, they hire a 3rd party who then "owns" the samples, can test for anything they want, can sell the data if they wish . . . and even the employer has no real say in the matter.

    I recall in the late 1970s that an employer where I worked decided that they were going to have everyone with less than 5 yrs with the company tested (IIRC it was a psycho test). I made a formal request asking who owns that data and what prevented that company from selling that data. My questions killed the plan to test us. This was in the nuclear power industry and although I had >5 yrs aggregate experience (3 on submarines and ~3 on commercial power plants) I only had ~1 year with that employer.

    One could ask the same sort of question of a potential employer. After all the lab can run DNA, scan for cancer attributes, etc. at the same time they run the drug screen. Data is worth a lot in the secondary market.

    All very true!
     
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  6. swatgig

    swatgig NES Member

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    Employment is like any other contract. Either side can put whatever conditions on the contract that he wants. That doesn't mean the other side has to agree.

    Now you get .gov involved in telling employers what they can and cannot base their contracts (employment) on. While I am free to choose to not work for a company that's owned by any protected class, the employer is not free to choose. By the same token, you are free to look for a company that doesn't make you pee in a cup, and nobody can force you to go to work for a company that demands a drug test. The company is free to hire only people willing to pee in a cup, and nobody can stop them from doing that, unless someone passes a law prohibiting it.

    If you really want to give them a hard time, if they ask you to pee in a cup, ask for their company financials, and tell them that you don't want to waste time working for a company that isn't financially sound. If they won't provide them, you don't have to work for them.
     
  7. exodious

    exodious

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    Walmart has signs on the door that say they drug test applicants and to not waste their time if you won’t pass.
     
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  8. Broccoli Iglesias

    Broccoli Iglesias NES Member

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    Every box store, warehouse and supermarket does that. It has been like that since I was old enough to legally get a job.

    Just pee in the cup, pass the test and collect your paycheck.

    Or ... you could make a lot of money by going after all the big stores. I'm sure some lawyer already tried and failed.
     
  9. Bt74

    Bt74 NES Member

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    Just take about 6 Vitamin B complex tabs, and eat about a pound of asparagus. When they open the sample, they will have to evacuate the building.
     
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  10. whatluck

    whatluck

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    Most drugs are out of your system in 3 days anyways. If you smoke weed and are a fat f*** it takes 30 days or more. If you're perma-skeleton like me, you can drink a shitload of water, train super hard, take a vitamin, drink a huge coffee, and piss clean.

    Or you can always get one of those prosthetic penises and the heated bag. There was a website a long time ago called Urine Trouble that had everything you needed. Looked like a lifelike strapon attached to a catheter bag with a heater.

    When I was in foster care they used to drug test me with those cheap at-home dip strips. I used to swab the inside of the cup with an iso alcohol pad which made the test for THC come back negative. I mean seriously, I'm a foster kid, let me smoke weed ffs. Eventually they switched to a gc/ms test. I knew because the sample cup changed from the $45 CVS kit to a real stericycle type kit. I put the cover on crooked on purpose so it would leak everywhere, and this gave me enough time until the next test to cleanse my system. The staff wasn't happy, apparently the technician came to collect the samples, picked up the bin, and it leaked piss all over the office.
     
  11. jron

    jron NES Member

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    Comical these companies issuing drug tests, yet supply employees with caffeine, Allow and sometimes even pay for alcohol and suck back all the nicotine your lungs can take.
     
  12. Picton

    Picton NES Member

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    Whoah there, Dirk Diggler!

    I didn’t think it was that kind of thread.
     
  13. Asaltweapon

    Asaltweapon NES Member

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    My wife and I call it stinky pee.

    Had a landscaping company working for me for many years with a guy who took a couple of hits off a joint while on the property. The owner who was also on site immediately told him to get in the truck and drove him back to the shop. He was fired on the spot.
     
  14. HorizontalHunter

    HorizontalHunter NES Member

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    I thought all you needed was a few ounces of Roundup and that killed the weed.

    Bob
     
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  15. appraiser

    appraiser NES Member

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    Apply to be a cop.

    I have seen hundreds of news articles over the years about police unions grieving a requirement for drug testing, or suing the department.

    The MBTA Police fought it tooth and nail .... while almost everyone in the place had to go to 10 Park Plaza on a regular basis to whiz quiz.

    Many of us thought it was great that we had to pee, we got an hour to get there, 2 hours to produce a sample, and an hour to get back.
    We could blow off a first or second half if we were lucky.
    We would sit there with our back teeth floating waiting for one hour fifty minutes to pass and then tell the nurse we were ready rather than give a sample the minute we walked in the door and have to go back to work.

    PS The Feds just raised the random sampling rate from 25% of the workforce to 50% of the covered workforce at the T. When you think about fare increases and crappy equipment, think of what it costs to drug test about 3000 people a year randomly, plus pre employment and post accident testing costs

    http://www.hrlaws.com/node/10323

    USDOT_drug_testing.jpg
     
    Last edited: Jul 5, 2019
  16. whatluck

    whatluck

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    it is now
     
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  17. Kevin_NH

    Kevin_NH NES Member

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    With the exception of Federally (usually DOT or DOD) regulated positions where it's mandatory, drug testing by employers is declining, and Maine prohibits employers from testing for marijuana pre-employment.

    My previous employer was acquired; the new owner gutted the employee handbook, ended pre-employment drug screening, and replaced the section on random testing with the following:
     
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  18. 42!

    42! NES Life Member NES Member

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    My soon to be ex employer doesn't drug test, it would cut into the staff levels (not me, others). But there is a background check with prints done by the FBI, we have to to be CJIS certified.
     
  19. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    Some years ago they posted the "we test for drugs" sign on the door to a local WM. At the same time I recognized a convicted drug dealer having a smoke near the door and wearing a WM badge. So I concluded that they test and if you don't have drugs in your system that they won't hire you! [rofl]
     
  20. Garys

    Garys NES Member

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    Obviously, the OP is not a lawyer.
     
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  21. JackOfAllTrades

    JackOfAllTrades

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    So let's say that you have to do one of these drug tests, but due to a prescribed medication, you will test positive. Do you tell them first? later? is there a procedure?

    If they reject/fire you for it, is there an ADA claim or something?
     
  22. Rob Boudrie

    Rob Boudrie NES Member

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    One possible avenue of attack against drug testing policies would be to statistically prove positive results are a proxy for race.
     
  23. Happy feet

    Happy feet NES Member

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    My last drug test was a saliva test not the usual pee test
     
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  24. Kevin_NH

    Kevin_NH NES Member

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    With "disparate impact" , all they have to show is that testing is more likely to adversely impact members of a protected class (though it can be tough to overcome the "business necessity" defense, e.g. in cases like truck drivers where the Feds require the testing); so far, lawsuits with "Disparate Impact" claims against drug screening haven't seen much success.
     
  25. jct61765

    jct61765 NES Member

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    Some company's have drug tests. If you're doing work for the Fed it's mandated. If you feel uncomfortable piss testing, then don't. I work for a company that makes firearms. I HAVE to get piss tested. Go work at walmart if you feel your rights are being violated. Coming on here calling us sheeple isn't winning you any friends and you just sound like an a**h***.
     
    Last edited: Jul 6, 2019
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  26. drgrant

    drgrant Moderator NES Member

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    Depends on the industry. If he’s working with machines/manufacturing/etc most of those places are going to piss test. There’s tons of jobs that don’t, though.....
     
  27. drgrant

    drgrant Moderator NES Member

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    The rest of the world doesn’t care, it’s not a 4a issue because you’re opting in as part of working for them. You’d need to find another private company willing to let that go....
     
  28. bostonasphalt2

    bostonasphalt2

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    No one is a sheeple here. They are right, you are wrong. Drug testing has nothing to do with the 4A, no matter how much you stomp our foot and insist it is. Perhaps you should get a job LISTENING to people, you might learn something.
     
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  29. KBCraig

    KBCraig NES Member

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    I do the hiring at my location. In the last two years, we stopped testing for THC, then stopped pre-employment drug testing completely except for sensitive positions or those which require drug testing by law.

    When we still did testing, it was a saliva screen (those aren't presumptively positive tests; any test other than "clear" required going for further testing).

    Under HIPAA and other regulations, we had to read a script, starting with, "Do NOT tell me about any prescription drugs you might be using." Before someone is hired, that is not my business, and if someone fails the initial screening and has to go to further screening, they would be allowed to present their prescriptions.

    I had a ton of people say, "I have a medical marijua...." STOP! I don't care, not my business. If you don't pass this non-presumptive saliva screening, I will schedule a urine test at a nearby medical lab. You can present any medical documentation to them, not me.

    Funny thing about those saliva swabs: I was told, and experience bears out, that unless you were smoking up in the parking lot right before coming in, you would pass.
     
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  30. nordic alien

    nordic alien

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    you are such an expert
     

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