I get a lot of questions about what are the rules regarding drug tests and work, and what happens if someone fails a drug test through their work. Pennsylvania does not have a law requiring private employers to adopt drug testing policies or prohibiting them from doing so. There are requirements through the Department of Transportation that require drug testing in certain professions involving driving as well as drug testing requirements for some federal jobs.
The first question I often get is “if I fail a drug test through work, can I be criminally prosecuted?” If you fail a pre-employment drug screen or a random drug test, you are unlikely to be criminally prosecuted for doing so. Health care privacy issues usually prohibit significant dissemination of these results. That doesn’t mean that you’re safe from criminal prosecution in all situations. If you get in an accident and drugs or alcohol are involved, the police are going to be doing their own investigation and you may find yourself facing DUI charges.
Being fired for failing a drug test pursuant to an employer’s policy is a question of employment law and the employer’s discretion. Usually the employer will be within their rights to immediately dismiss you. The main issue in most cases is whether the employer is following their own drug testing policy properly, or whether you were unfairly targeted for testing. Another question is whether that policy makes the necessary exceptions for prescribed medications to those with disabilities.
One thing you do not want to do is try to fake a drug test by using fake urine or someone else’s urine in the test. It is a misdemeanor of the third degree to supply urine to someone else for the purpose of deceiving a drug test or to use someone else’s urine to pass a test yourself. Using fake urine to pass a drug test is illegal as well and is charged the same. Don’t lose your job and get criminal charges on the same day!
If you are worried about the results of a drug test or a potentially failed drug test at work or after an accident, its best to get ahead of the issue and consult with an attorney who can put your mind at ease. Attorney Walker can tell you what steps you can take to protect yourself and safeguard your rights. Set up a consultation today! You can learn more from our website at FrankWalker.com or call our office at 412-532-6805.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.