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Drug Testing Law

Workplace Testing: In most countries (see below), employers are currently allowed by law to require that workers submit to urinanalysis to be considered for employment and/or to retain their employment. Countries and states have laws which often limit how and when testing can be done, such as requiring that the company have a written policy, that 'random' testing not be used punitively to punish employees for unrelated problems, and that appropriate procedures are used to increase the likelihood of reliable results.

Criminal Testing: Courts around the world now often require people awaiting trial (not yet convicted) or people who are on probation to submit to regular urine testing.

Hair Testing: Hair testing, partially due to issues involving different hair types testing differently and problems with surface contamination, has not yet been allowed in the U.S. for government use (criminal testing and government employees). Dark hair of people of African descent appears to retain detectable traces far longer than the blonde hair of those of Northern European descent, leading to racial bias.

Hospital Testing: In the US, some areas have required pregnant women to be tested for illegal drug use as part of their prenatal care. The US Supreme Court ruled the secret testing of women unconstitutional in the case of Ferguson v City of Charleston, in March 2001.

Canada: The Canadian Human Rights Commission ruled in July 2002 that workplace drug testing was a violation of citizens' civil rights except for impairment testing in safety-sensitive positions. Canada now has some of the strongest protections against workplace drug testing in the world. "Employers, with very, very few exceptions, should not be testing employees, or candidates for employment, for drugs." Commission Issues Revised Drug and Alcohol Testing Policy, July 10, 2002

Drug Testing Defense Products
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