is it right for companies hiring to use drug tests that detect drugs farther than a year in your system?

Question

My brother has recently quit smoking marijuana and he's seeking a better paying job he hasnt touched,been around or smoked in over one month,yet he has failed 3 drug tests due to hair tests inwhich they they take 100 strands of your hair and send it to be tested. Apparently the hair testing goes back up to like 6 months and some tests even 7 years or so the lady at the doctors office told him,this is ridiculous for someone trying to get away from that life,just because you fail some test they don't think you are reliable and don't even give you an opportunity to show them what you can do.What are your thoughts on drug testing that far back? I could under stand up to 3 months but 6 months to 7 years? is absurd .its almost like a violation of rights what do you think about drug testing in america? How far do you think they should go back?

Answer 1

Good for your brother on his new choice in life, but one month isn't really long enough to say it's worked. An employer is allowed to set whatever criteria is legal for new applicants, and drugs is an easy one to pick off. Beside's, he's submitting himself voluntarily for these tests, if he doesn't like the new employers drug policies, there are plenty of jobs with less stringent measures in place.

Answer 2

read the link below. most compainies will only use a small length of hair near the scalp , goes back maybe 90 days . With very long hair you can go back further ( about 1/2" of hair = 30 days ) but the sample can degrade or be contaminated . So a good lab will reject reliable testing past about 30 - 90 days . If you friend is concerned he can get a short hair cut of like two inches long. That should be about a 90 day period. A junkie should be identified, they are a potential risk to others in the orkplace . He may be advised to tell the interviewer of his past drug habit , but he is now clean . They can get the testing lab to collect a smaller sample that will test for 30 days .

Answer 3

Again, as others have said, congratulations to your brother. However, it is completely fair if the company performs this test for all applicants to a particular job. As long as they have stated requirements and apply them equally, they can ask for anything they want in return for giving him a job. That is their right.

Concerning the drugs themselves, remember that any drugs they are testing for are illegal to purchase and consume. Even if it is a prescription drug, if he doesn't have a reason/prescription to take it and doesn't disclose that to them, then it is still illegal. Therefore, any drug that shows up indicates that the person has recently found it acceptable to disregard his own personal safety and break the law. If someone tests positive because of drugs taken in the last 6 months to a year, the company is willing to take the risk of waiting on the next available candidate instead of taking a risk on your brother, who based on their tests, was just recently committing criminal activity.

Also, the quality of test a company is willing to pay for is directly related to the responsibility and future liability of the position. Therefore, you won't find too many drug tests for 6 months clean to deliver pizza at Domino's but you might find an even more stringent one for delivering money in an armored truck.

There are many good jobs that he can do in the meantime as he bids his time constructively waiting for himself to be clean for these more demanding jobs.

Encourage him to not let these small setbacks be a stumbling block as he is trying to improve his place in life. Help him accept the responsibility of what he has done previously without trying to shift the blame back onto a system that hasn't done anything to hold him back personally. The "system" has a job somewhere for him, it is up to him to live the life he now knows he needs to live to get the job and pay that he now wants to receive.

Answer 4

NO ONE has a right to work for ME. IF I choose to employ anyone, I have the right to select who to hire by whatever means matter to ME. As for detecting drugs beyond 1 year, I don't have any hair that old. A reasonable hair cut will limit the time frame to less than 1 year.

Answer 5

It's not a violation of human rights to do drug testing. It can seem unfair, but excluding someone from employment because of past drug use is not a form of discrimination. I'm sorry that you're brother can't get a certain job because of his past drug use, but he may need to prove that he can stay clean before these type of employers decide that he's a worthy investment to hire.

Answer 6

I would say one month of being drug free is definitely not enough and I wouldn't trust him to work for me. I would say it should go back a year. I agree that 7 years is definitely exsessive. However, someone who has ever been stupid enough to TRY that stuff wouldn't be working for me.

It's good for your brother that he's trying to be drug free. But it's no wonder he's failed if it's only been a month, he needs more time to really be sure he's staying off that crap for good. He should apply for another job, or go back to his old one.

Answer 7

How is it a violation of human rights? Drugs are illegal. Is it a human right to use drugs and commit crimes? I say test as far back as possible.

Answer 8

That does seem pretty excessive, but the jobs that test that far back do it for a reason, I suppose. Your brother's only real legal recourse is to not apply for a job with that company.

Answer 9

This is a violation of human rights. What right does any entity have to tell a human what they can do when they are not on the job? What's next, neo-christians saying you have to pray at least once a day to work here. Or terrorist muslims saying you have to pray 5 times a day to work here? The possibilities are endless.

Obviously if you're high at work you're wrong. What does that have to do with being high at home. Stop telling me what I should and shouldn't be doing. I employ people and have a productive business, and I GET HIGH EVERY DAY, and will continue to do so. Granted, I don't do meth, crack, coke etc... but I've known successful people who do coke and still do so today, and THEYRE RICH BITC*!

Answer 10

It's right. I'd have a real concern about hiring a pilot if he ever did drugs.