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Drug test with out consent _Minnesota

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  • Drug test with out consent _Minnesota

    I had a work physical done a while back. Another visit to the DR and I found out they gave me a drug test (I passed), but they tried to hide the fact they gave it to me. When I asked...administration and the DR both, kept changing the subject. And no one would admit to ordering the test done. Its not normal or part of a basic work physical.
    Just wondering if it was legal to give a drug test (that I would have agreed to anyway) without my consent.

    Thanks

  • #2
    You were getting a work physical, right?

    Look over your paperwork, but I would bet your consent to the drug test is buried in the fine print somewhere.

    It would not be unusual in a work physical to check for substance abuse.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      The only thing I could say for sure is, if by chance the test came out negative, you could have fought the results, because usually, when a test is done, you sign the paperwork, stating it is your urine, or blood used for it. Well, at least at the hospital I work at. I had to have a pre employment physical done, and urine for drugs was a part of that. I had to sign the sealed bag the urine was in, and initial the bottle the urine was kept in. This way, no accusations could be made, that it was someone elses urine that was tested. I don't think there is anything illegal about getting a test done, but this is the first that I have heard of someone having one done, and not realizing it. Did you pee in a cup, or give blood at this physical? Either way, I don't think any laws were broke. If I find I am wrong, I will let you know.

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      • #4
        If your organization uses drug or alcohol tests to make personnel decisions, you should develop a written policy governing such a program to ensure compliance with all relevant federal, state, and local laws. Most states require written consent of employees and applicants before drug or alcohol tests can be administered.



        This is taken from this site.

        http://www.proficientinvestigations....gscreening.HTM

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        • #5
          Turbowray, it would probably be best if you didn't use web sites that are trying to get you to use their services for the action in question. For one thing, we don't want to be seen as doing their advertising for them. For another, such sites are not always totally accurate as to what the law says.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Originally posted by cbg View Post
            Turbowray, it would probably be best if you didn't use web sites that are trying to get you to use their services for the action in question. For one thing, we don't want to be seen as doing their advertising for them. For another, such sites are not always totally accurate as to what the law says.
            Thank you so much cbg, I will not do that again.

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