Drug test consent form: How-to guide

Drug use can seriously disrupt a working or academic environment. Testing for evidence of this use may be necessary to protect an organization from such disruptions and to protect the health and safety of all individuals in the surrounding areas. However, individuals can’t be forced to undergo drug and alcohol testing against their will. An employer or other institution must get that person’s written consent before starting the testing process. This is where a consent to drug testing form is used.

What's a drug test consent form?

If you need to test if a job applicant, employee, or one of your students is under the influence of drugs, you'll first require them to agree to the test. A consent to drug test form will help you mention the purpose of the test and the procedure used to determine drugs.

A complete drug test consent form authorizes a company or school to conduct the tests legally and promotes a safe workplace or academic space. It also allows a company or school to obtain the permission of applicants, employees, or students before they start the drug screening process.

Individuals can be sure that their privacy interests are protected, and companies can be sure that they maintain a clean and safe work or academic environment. In every way, this helps to build a creative and productive atmosphere.

Difference between one-time drug testing and random drug testing

The consent form needed to conduct a one-time drug test differs from that needed to perform regular, frequent, or random testing. Ensure that you customize the form to suit your individual or business needs.

• One-time drug testing: Such testing is done only once on the applicant, before joining the company, or within a couple of months.
• Random drug testing: This testing is done several times on the applicant without any notice during their course in the company.

How do you draft an elaborate drug test policy?

Having a clear, written drug testing policy in place is a good idea before starting any investigation or review. This’ll help prove that your testing isn’t discriminatory or has clear intent.

Your policy may include any number of requirements, including answers to the following questions:

• Will the test be performed by your workers or a third-party company?
• What types of samples will be collected? For example, blood, hair, sweat, urine, saliva, etc.
• What drugs are you testing for? For example, stimulants like cocaine, marijuana, THC, opiates, amphetamines, PCP, or other specific drugs.
• How are individuals selected to undergo this screening?
• How will the test results be protected or kept confidential?
• What are the consequences of positive test results or of refusing to take the test in the first place?
• What recourse does an individual have if they think a positive test result was a mistake?

Laws pertaining to drug tests on individuals

There are several laws in place that govern who should undergo drug tests and how they must be conducted. Note that before you can begin testing, you must obtain employee drug consent from each individual who’ll be screened. Here are some important federal laws to be aware of:

• Drug-Free Workplace Act: This act covers all government contractors and employers who receive federal grants for maintaining a drug-free workplace. To receive this grant, the contractors and employers must notify the employees that manufacturing, possessing, distributing, and using dangerous drugs is considered a criminal violation. Also, they must create an awareness campaign about drug abuse among employees.
• Certain states also have workplace drug testing laws. For example, in Florida, Georgia, Kansas, Nevada, and South Dakota, drug tests are required for government employees only. If you’re in a state where drug-testing laws are applicable, review those laws to ensure your policies and actions comply with their requirements.
• Omnibus Transportation Employee Testing Act of 1991: According to this act, all employees in safety or security-sensitive roles such as aviation, railroads, trucking, or pipelines must undergo a drug and alcohol test to avoid any on-the-job accident. 
• Americans with Disabilities Act (ADA): If an employer’s drug-testing policy prohibits using legally prescribed medicines, it may violate this act. The employer must prove that this prohibition is necessary and employment-related.

If you have questions about whether or not you’re covered by these federal laws or how tests under these statutes must be conducted, we strongly recommend talking to a lawyer.

Creating a consent to drug testing form

The following instructions will help you understand the terms of the consent form. This form should be signed by the person taking the drug test (consenter) and submitted to the person or company requesting it (requester).

1. Begin with an introduction

Enter the names of the consenter and requester and describe the drug test procedure. You can also add the purpose of this test, such as complying with a school’s drug test policy, supporting a drug-free and safe workplace, or connecting it with the employment application.

2. Obtain the consenter’s agreement

This section covers the important elements of obtaining consent for drug testing.

• The consenter agrees that they’ll cooperate and provide all specimens needed for the drug test.
• The consenter authorizes the relevant medical professional to conduct the drug test and provide the results to the requester.
• The consenter will hold harmless the requester or any related person or group, and they will allow the requester to access the test results.
• The consequences of refusing to participate in the test include termination, etc.

3. Explain the consequences of the test results

This part explains the next steps if the test results are positive, such as reporting them to the requester, who may take any action permitted under their drug policy. 

An exception is made if the drugs detected in the consenter’s body are due to prescribed medication by a doctor. If this is the case, the consenter should list any medications taken in the last few days, as they’ll be in the system and will be detected in the test.

4. End it with signatures

The consenter should add a signature to the document as consent. This also declares that they wish to sign the form and aren’t being forced by the other party.

Frequently asked questions

What information do you need to fill out a drug test consent form?

Here's the information you'll need handy to complete your drug test consent form:

• Who's requesting the test: Have the name and contact information of the requester ready
• Who's getting the test: Have the name and contact information of the consenter ready
• List of prescribed medications: If the consenter takes prescribed medications, keep the list ready

Are employers allowed to disclose the test results?

An employer doesn’t have the authorization to disclose a positive drug test to an employer without the specific written consent of the person who was tested.

Is parental consent needed before conducting drug tests on under-18 individuals?

Yes, you must submit parental or guardian consent before conducting a drug test on someone under the age of 18.