Chapter 20
POLYGRAPH TESTS
DRUG TESTING
Summary
Polygraph Tests
- Not generally available to employers.
- State and federal constitutional constraints on use by public employers.
Drug and Alcohol Testing
- After policy announcement, private employers in Texas are free to test pre-employment, for cause, on a periodic basis, or randomly.
- A written policy, given to employees and acknowledged by a signed consent form, is desirable.
- Workers' compensation subscribers and federal contractors must have a written drug abuse policy.
- Searches for contraband require general notice and consent.
- Violation of a written drug-free workplace policy is "misconduct" so as to disqualify an ex-employee from unemployment benefits if the policy meets certain requirements and was followed by the employer.
Department of Transportation rules require drug and alcohol policies and testing for drivers of commercial vehicles.