What Are The Workplace Drug Testing Rules in Texas?

If you own a company in Texas, or are a manager of a company, then you may be wondering what are the workplace drug testing rules in Texas. Currently there are no laws limiting how an employer can test their employees in Texas, which means the scope of being able to test in Texas is wide open. So as long as an employer is not breaking any federal laws in requesting drug testing of their employers, they are able to do so within the state of Texas. If you’d like more information of what this means for your company, or specific situation, you can look to the Texas Workforce Commission (TWC) for more guidance. If you’d like to learn more about what this means for your company, keep reading to learn more.

Random Drug Testing
Texas drug testing laws allow private companies to do random drug testing without limitation. The random selection must be performed in a scientific way that is actually random and ensures all employees have an equal chance of being screened. It must also be performed at relatively regular intervals throughout the year, to ensure it is fair.

For Cause Drug Testing
If you or another employee has suspicions that someone in your company is consuming drugs or coming to work intoxicated, you are able to perform ‘for cause’ testing. You need tangible reasons to want to test, such as an obvious change in an employee’s ability to perform their job, or obvious physical signs such as pupil changes or slurred speech. It may be worth talking to your HR department or an attorney about how best to proceed with drug testing in the state of Texas and what a potential positive result could mean for your company.

Marijiuana Drug Testing in Texas
While medical use of marijuana is legal within the state of Texas, use of marijuana and its metabolites is not legal for recreational use. The Texas drug testing laws have not been updated to accommodate the use of medical marijuana, and a positive result during pre-employment drug screening is sufficient grounds for refusing employment of a candidate. Likewise, an employer can take disciplinary action against an employee who returns a positive marijuana result in any drug tests.

Alcohol Testing in Texas
Employers are also allowed to test employees for alcohol use within the state of Texas. They would have to have suspicions that the employee is under the influence of alcohol during their work hours. But as with drug testing, it is also possible to test for alcohol.

Texas laws favor the employer, allowing them to have a lot of scope in which they can test their employees and for what things they can test too. If you’re wanting to implement some drug testing within your company, it is worth checking what your company policy is for drug testing to ensure you’re following procedure. Make sure your company’s regulations are in line with the state and federal laws around drug testing. 

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