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Drug Testing: Know Your Rights

Many regard the process of Drug testing that is now mostly mandatory for all government employees may they be state, federal or national. Private firms are allowed to do drug testing usually at screenings for possible employees or through random schedules that are usually done on a yearly basis. This is to eliminate many problems that drugs have inflicted in the workplace that has been documented to cause injury and even death. Violent crimes are also linked heavily onto drug use which has made it a vital part of the prevention and early detection system that is in place within most companies that want to avoid problems associated with drugs.

Many people in the United States regard it as an infringement on their privacy and government has responded with strict testing and implementation guidelines that are to be followed when these tests are performed. As the justice system aims to protect the rights of all Americans, there are checks and balances all throughout the process of sample collection, testing and results evaluation that is in place to protect the individual’s rights. Testing should be carried out by qualified personnel that must have at least some knowledge in the processes such as registered nurses or laboratory trained staff if the company chooses to outsource the testing process. The testing process is to be made known to all concerned and testing is done usually with representatives from the local union office, company and the testing personnel.

Prior to sample collection, a consent form is usually signed signifying one’s willingness to undergo the testing process. Upon signing, the collection media such as bottles or other forms of testing kits are to be labeled clearly to avoid false alarms and the inconveniences that can result from such eventualities. Re-testing can be done if an inconclusive result is obtained and does not mean a positive result. If your Drug testing returns a positive result, you will be called upon to undergo yet another testing to ensure the correctness of the results and further testing is done on a sample that is sent to an authorized testing laboratory or facility. These tests are done in a more stringent environment to eliminate the possibility of contamination thus ensuring a better more precise result. All throughout the process you are entitled our rights to privacy and information that is result of these tests are to be kept confidential for a period of at least 3 years by law.

Drug testing can be done on many bodily materials such as oral fluid(saliva), urine, sweat, blood and hair through methods that are widely accepted and approved by the government. All except hair are bodily fluids and should therefore be handled and disposed of with care. If a positive result is concluded by your tests you are advised to seek treatment through either private, government facilities or even NGO’s that offer rehab services as a public service. Testing is mandatory for most government employees but even them still have rights as all private citizens of the Country as stated by the constitution.

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