Drug and Alcohol Testing- Consent Form

How To Use

 In this kind of document, the less said the better. As long as “all” prospective employees must take the same test, your company is on firm ground.
  • If you make exceptions to for any failed applicants, then a failed applicant who did not get an exception made on their behalf has grounds for a successful challenge in court.  Be so advised.
  • Be sure the applicant signs this in front of a witness. If the applicant has any questions or difficulties about the test encourage them to seek employment elsewhere.
  • Company employees should not justify the test to an applicant. The answer is “It is what it is”. Anything else subjects you to challenge in court. You are allowed to have such tests, as a rule, but you are not allowed to have them for biased reasons. Since “bias” is often in the eye of the observer, in this case a judge if you go to court, you are advised to just say it is company policy which is perfectly acceptable in most cases.
  • In addition, do not discuss the policy reasons with employees. This is subject to discovery by a court as well. Again, the less said the better in these matters.  It is what it is. Leave it at that.