Is swabing drug test legal at work?
I live in WV my work did drug testing at a clinic they would send us to va for urine test now they swab our mouths there is no rn nurse working there is it legal to do this type of test without a nurse present a friend of mind did it and there was no relsult on it , it showed nothing and they did another one and it showed nothing and he was let go
Answers:
yes, totally legal.
Unless you have a collective bargaining agreement (Union rule) that says otherwise, it's not illegal on it's face. It could be illegal if it is being done in an illegally discriminating way however.
As to the qualifications of the personnel taking the sample, that is up to the licensing authority, usually the state.
It's perfectly legal and unless you have something to hide you should have no problem with it.
So your friends test came back neg. for drugs or N/A? Either way you can't be fired based on that alone. However depending on company policy and/or state law they could be in the right.
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