How Drug Testing Can Lead to Federal Charges
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How Drug Testing Can Lead to Federal Charges
Drug testing is common in many workplaces and schools across the United States. While drug testing aims to promote safety and prevent substance abuse, it can sometimes lead to serious legal consequences if not handled properly. A positive drug test can potentially lead to federal charges in certain circumstances.
In this article, we’ll break down how federal drug testing laws work, when a positive test could lead to charges, and what defenses are available. We’ll also look at some real-world examples of federal charges stemming from failed drug tests.
Federal Laws on Workplace Drug Testing
Several federal laws authorize and regulate drug testing of employees in the public and private sectors. The main laws are:
- The Drug-Free Workplace Act of 1988 – Requires federal contractors and grantees to maintain a drug-free workplace.
- Department of Transportation Testing Rules – Mandate testing for DOT-regulated transportation employees.
- Federal Employee Drug Testing Rules – Require testing of many federal civilian employees.
These laws require covered employers to have written drug testing policies, conduct drug testing in certain situations, and take action against employees who test positive. Refusing a drug test can also lead to consequences.
For most private sector jobs, drug testing policies are not mandated by federal law, but employers can choose to implement voluntary drug testing programs. All drug testing must comply with rules on job applicant and employee testing laid out in the Americans with Disabilities Act (ADA) and other laws.
How a Positive Drug Test Can Lead to Charges
Simply failing a workplace or school drug test does not directly result in federal charges. However, there are some scenarios where a positive drug test could potentially trigger a federal investigation and charges:
- Providing false samples: Diluting urine samples or submitting fake samples during a drug test can lead to federal charges like obstruction of justice or conspiracy. This happened in the case of a BP employee who helped colleagues cheat drug tests after the Deepwater Horizon oil spill.
- Tampering with results: Anyone who deliberately tampers with or falsifies drug testing records and results could face federal charges like fraud or obstruction. For example, a lab manager was prosecuted for faking drug test records to make results appear negative.
- Mishandling samples: Employees involved in administering workplace drug tests could face charges if they deliberately mishandle samples to influence results. For example, a drug testing lab supervisor was convicted of tampering with samples to pass employees who should have failed.
- Using drugs on duty: For jobs involving public safety, like DOT-regulated transportation workers, a positive drug test indicating on-duty intoxication could lead to federal charges for endangerment, negligence or misconduct.
- Lying about drug use: Federal employees and contractors can be prosecuted for lying about drug use on occupational health forms, security clearance applications, etc., leading to charges like making false statements.
It’s also important to note that a positive workplace drug test could trigger a broader federal investigation that uncovers other crimes leading to charges. For example, if the employee admits to selling drugs or investigators find evidence of distribution, federal drug trafficking charges could result.
Workplace Drug Testing and Criminal Charges
Most federal charges stemming from drug tests arise in the context of public sector employment and federally-regulated industries like transportation. Some examples of real-world cases include:
- A county drug testing lab supervisor who was convicted of tampering with samples to produce negative results.
- A BP employee who helped offshore oil rig workers cheat drug tests after the Deepwater Horizon spill.
- A postal service employee who was charged with lying about drug use to get a job.
- An air traffic controller who admitted working while impaired and falsifying records.
For federal employees and contractors, drug use can disqualify individuals from employment, lead to termination, or cause loss of security clearance. Failing to disclose drug use on employment forms can also lead to criminal charges.
Avoiding Federal Charges from Drug Testing
To avoid the risk of federal charges, employees subject to drug testing should take care to:
- Understand their employer’s drug testing policy and federal program requirements.
- Never use illegal drugs shortly before being tested.
- Always comply with drug test procedures and provide valid samples.
- Never tamper with own or others’ samples or lie about drug use.
- Consult an attorney if facing discipline or termination over a positive test.
While workplace and school drug testing aims to promote safety and prevent abuse, it can sometimes lead to federal charges in cases of cheating, tampering, or lying. Understanding the legal risks can help people make responsible choices and get legal help if necessary.