What to Know About Pre-Employment Drug Testing

Pre-employment drug screening has been a standard part of the application process for many jobs in different fields. It is up to the employer if they would like to add that as a part of the process. But 9% of private sector employers in 2021 (about 4,050 employers) took away drug testing to attract and retain talent. 

By Ciarra Maraj 

You took a month to detox your system of recreational drugs in preparation for a drug test at your new job. Test day arrives, and you decide to have a hearty breakfast. What do you eat? A poppy seed bagel. 

Good thought, wrong move. Poppy seed bagels carry traces of opioids that can be detected and provide a false positive. 

Federal employees, manual labor workers and jobs regulated by the U.S. Department of Transportation, such as truck drivers, train conductors and pilots, require pre-employment drug tests as part of the background check process. 

“You're gonna be behind the wheel,” said Ksenia Closson, head of coaching at Ksenia Closson Coaching Practice. “So how would you as a passenger feel about [the] pilot taking something that's gonna affect his performance?”

Companies not mandated by federal law to test, save money by implementing a drug-free workplace.

“And the reason they do that is because there's systems within the state that allow employers to get money off of their workers' compensation premiums if they implement [a] drug-free workplace,” said Sara H. Jodka, an employment and data privacy attorney. 

Common drugs tested for include heroin, cocaine, marijuana and other drugs on the schedule I controlled substances list. The list consists of drugs that have a high potential of being addictive. 

Large corporations are eliminating marijuana testing as the law changes: 9% of employers have removed drug screening from their application process to “attract and retain” talent, according to the 2021 ManpowerGroup employment outlook survey. This equates to 4,050 employers out of the 45,000 respondents. Other companies are following suit to create an equitable workplace. 

Marijuana is legal for recreational and medical use in 19 states, but legality does not mean an exemption from employers’ rules. Remember, language in a company handbook is company law. Showing up to work under the influence, legal or not, is a violation. 

“Employers are not required to change their policies just because we have a medical marijuana program,” said Greg May, an attorney and founder of CannaRev Solutions. 

Everything to Know About Pre-Employment Drug Testing

Drug tests come after an offer. Otherwise, the company violates the Americans with Disabilities Act. Sometimes a job description will mention the required pre-employment drug test. Any company can test for drugs so, if you are worried, ask the recruiter during the phone interview. Bring it up this way: 

“Is a pre-employment drug test a part of the application process? Can I have a copy of the drug-testing policy?”

Most industries that do not require manual labor or the operation of machinery do not require a pre-employment drug test. 

“Tech in Silicon Valley doesn't do drug screening,” Closson said.

Pre-employment drug tests are not biased as long as it is stated in an employer’s policy and applied across the company, Jodka said.

“The only way there would be bias is if only certain employees or certain positions that may tend to garner candidates or applicants in protected classes or characteristics,” Jodka said. 

A drug test does not test for everything in your system. Test panels range from five to 15 to test for specific substances. As the panel number increases, so does the price. Employers often opt for the five-panel test because it is the cheapest. Drug screen testing methods include urine, saliva, blood, and hair. 

Whether marijuana can cost you your job varies. New Jersey, New York and California prohibit employers from testing for marijuana. When in doubt, ask what kind of test is administered and how. 

“You may find out very early on that this is only a five-panel test, and in a five-panel test, they're testing for PCP, they’re testing for cocaine, heroin, Oxycontin, morphine, and things like that,” Jodka said. 

It is hard to determine how long a drug will stay in the body because it depends on dosage, age and weight. The Food and Drug Administration (FDA) standards state that drugs can show on a test 1-7 days after taking them. 

Best Practices For Taking a Pre-Employment Drug Test 

Drugs are used for medical and recreational use. The difference is not reflected in pre-employment drug tests.

Read the testing policy to determine if there is an obligation to disclose prescription medication early, Jodka said. 

“If you do think that you are on some type of medication that may trigger a positive screen, you can clarify that information before you take the test,” Jodka said.   

Federal law states that CBD products cannot have more than .03% THC. When CBD is extracted from the plant, it can have traces of THC. Be wary of CBD products advertised as 0% THC; believing that is how a truck driver lost his job.

How did manufacturers miscalculate the THC count? 

“It's hard to test a plant that is constantly changing,” May said. “...The content of that THC changes as it's growing. So what you're doing is you're taking a snapshot of one day in the life of that plant saying, here's a THC content. It could be more by the time it's harvested.” 

Understand the scope of the exam to determine the right time to take it. 

“The question isn't are they under the influence? The question is, is it in their system?” Jodka said. 

Find a job that does not require this test or find a job that does. Either way, avoid the poppy seed bagels. 

Top Takeaways 

What To Know About Pre-Employment Drug Tests 

• Poppy seed bagels and CBD products can return a false positive result. 
• Federal, manual labor and jobs regulated by the department of transportation require a drug test. 
• Not taking the test is better than trying to beat it. 
• Take the test after an offer.