Drug Test Consent Form

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A drug test consent form is a document employers use to obtain authorization to test an employee or job applicant for drugs and alcohol. Once signed, the form shows that the participant understands why they’re being tested, what specimens they’ll need to supply (blood, hair, etc.), and the consequences of testing positive for illegal drugs and alcohol.

Drug Test Consent Form

A drug test consent form is a document employers use to obtain authorization to test an employee or job applicant for drugs and alcohol. Once signed, the form shows that the participant understands why they’re being tested, what specimens they’ll need to supply (blood, hair, etc.), and the consequences of testing positive for illegal drugs and alcohol.

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Last updated August 31st, 2024

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A drug test consent form is a document employers use to obtain authorization to test an employee or job applicant for drugs and alcohol. Once signed, the form shows that the participant understands why they’re being tested, what specimens they’ll need to supply (blood, hair, etc.), and the consequences of testing positive for illegal drugs and alcohol.

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When to Use a Drug Test Consent Form

Pre-Employment

Employers should use a consent form before testing job applicants for illegal drugs. Obtaining consent for pre-employment drug tests must be carried out in compliance with the employer’s testing policy (if any) and state and local regulations.

Consumer reporting agencies (CRAs) are often hired to conduct pre-employment background checks. The results of any drug test collected by a CRA could be deemed a consumer report, requiring additional disclosures to comply with the Fair Credit Reporting Act.[2]

Random Testing

In certain industries, such as transportation, random drug and alcohol testing is standard and, in fact, legally required.[3] Some states allow random testing of any consenting employee, while others limit it to specific professions (e.g., law enforcement, hospital staff).

Even when state law doesn’t require it, employers should always obtain written consent before randomly testing employees for drugs and alcohol.

Post-Accident or Workplace Injury

If an employee is involved in a workplace accident, it may be necessary to perform a drug and alcohol test. The results will help determine if the employee’s intoxication caused the incident.

Sample

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DRUG AND ALCOHOL TESTING CONSENT FORM

1. CONSENT. I, [INDIVIDUAL’S NAME], as a condition of my employment with [COMPANY’S NAME] (the “Company”), hereby consent to provide a specimen of my urine, blood, hair, breath, and/or saliva for the presence of prohibited drugs and/or alcohol at a laboratory designated by the Company.

2. SPECIMEN TAMPERING. I understand that refusing to provide or tampering with a specimen, or providing false information on a specimen’s chain of custody form, may result in the withdrawal of my eligibility for employment or termination of employment, depending on when the results are received.

3. POSITIVE RESULTS. I understand that failing to pass the drug test may result in the withdrawal of my eligibility for employment, or if I am already employed, disciplinary action up to and including termination, and that I may be required to participate in a mandatory rehabilitation treatment program (if offered by the Company) as a condition of continued employment should my test results indicate drug or alcohol abuse.

4. CONFIDENTIALITY. I understand that all information derived from this test will be kept confidential and released only to the Company’s designated representative. I also understand a documented chain of specimen custody exists to ensure the identity and integrity of my specimens throughout this collection and testing process.

5. RELEASE. I consent freely and voluntarily to the Company’s request for a specimen. I hereby release and hold harmless the Company and its employees and agents from any liability whatsoever arising from this request to furnish my specimens and the testing of my specimens.

Applicant/Employee Signature: _____________________________ Date: ________
Printed Name: _____________________________

Sources

  1. SAMHSA – Federal Laws and Regulations
  2. Advisory Opinion to Islinger (06-09-98)
  3. Federal Drug and Alcohol Testing Regulations