EMPLOYMENT BACKGROUND CHECKS

Texas employment drug screening

Updated 06/14/2019 Senate Bill 21, which Gov. Rick Perry signed into law on Friday.

The law requires those who fail a drug test to enroll in a drug abuse treatment program but does not set aside any additional money to expand the availability of such services.

Texans applying for unemployment benefits will be subject to a drug test if their responses to a screening questionnaire indicate possible drug use.

Employers seeking to adopt a policy for the elimination of drug abuse must abide by the provisions of the laws on Required Elements of a Drug Abuse Policy.

Certification for motor carriers in Texas requires that motor carriers are in compliance with the drug testing requirements of the State.

Reporting requirements for any confirmed positive tests from holders of commercial driver’s licenses are also in effect as per Department of Public Safety rules.

Employers are allowed, as per provisions under the Texas Labor Code dealing with the chapter on Employment Discrimination, to practice a policy prohibiting the employment of persons who currently uses or possesses a controlled substance.

Falsification of a drug test is an offense in Texas with the person committing the act of using substances or devices to falsify drug tests guilty of a Class B misdemeanor and those aiding or delivering substances intended to falsify the test for drugs guilty of a Class A misdemeanor.

Any employee claims for workers’ compensation insurance coverage may be denied for employee injuries in which the cause is due mainly to the employee being in a state of intoxication.