What happens if you say no to a workplace drug test? Whether you’re an employer or employee, it’s a situation that raises big questions—and even bigger consequences.
In this blog, we look at this question from two sides. First, the employer’s perspective: What rights do they have to request testing? Then, from the employee’s viewpoint: What are your rights if you’re asked to be tested, and can you say no?
The answers may surprise you!
Can an employer demand workplace drug testing?
The short answer is, yes and no.
Yes, an employer can certainly ask for an employee to undergo testing, as long as it’s backed by policy. However, no matter what the circumstance, employers cannot legally force someone to undergo a drug or alcohol test against their will.
One of the important aspects here is one of policy. This means your company policy or employment contracts should clearly outline what happens if someone refuses a test.
Workplace policies are the cornerstone of any drug and alcohol testing program. Explain these documents clearly to employees and ensure they agree to them at hiring. They outline the circumstances under which testing may occur.
Your testing program could include:
- Pre-employment testing
- Random testing
- Post-incident testing
- Reasonable suspicion testing
- Return-to-work or follow-up testing
When employers have a documented and properly implemented policy that employees are aware of, they can request testing to maintain workplace safety and compliance.
What about contractors?
When we talk about employees this should also include contractors who operate on your worksite. You must ensure all people on your site are not impaired while working.
Again, it’s vital to include details about drug and alcohol testing in policies and contractor agreements. Like employers, you can’t physically force a contractor to take a test, but you can require it as part of the terms of site access—and take appropriate action if the contractor refuses the test.
Can an employee refuse workplace drug testing?
Now let’s flip the question. As an employee, if a supervisor asks you to undergo a random or reasonable suspicion drug test, can you say no?
As you would expect after reading the previous section, legally you can refuse. No one can physically make you submit to a test. But there’s a catch.
If you’ve signed an employment agreement or acknowledged a workplace policy that clearly outlines the circumstances under which you may be tested, then refusal is likely to be considered a breach of that policy. The consequences can vary from a formal warning to termination, depending on the industry, the risk involved, and the company’s policies.
In other words, the refusal itself may be treated in the same way—or sometimes more seriously—than a failed drug test.
Why could refusal be worse?
There are a few reasons why refusing testing could potentially result in harsher outcomes than testing and returning a positive result.
To explain this, first it’s important to highlight that while some workplaces have a zero tolerance policy when it comes to drugs and alcohol, most don’t. In these workplaces, failing a test will result in consequences, but if it’s your first positive test you won’t lose your job.
Add to this:
- Refusing testing may be viewed as a deliberate attempt to hide drug or alcohol use.
- Refusing a lawful direction or safety procedure erodes the integrity of the policy, which could impact not only you but your colleagues.
- In many industries, particularly safety-critical ones, refusing a test could lead to suspension or removal from site until an investigation is completed.
It’s important to highlight that as an employee you do have rights. If you believe someone is asking you to undergo testing unfairly or outside of the policy’s provisions (e.g., targeted testing without cause or not in line with company procedures), take action. You have the right to raise the issue with your manager, HR department or union, in addition to seeking external support.
What should employees do if they’re asked to take a test
Here’s a simple checklist for employees faced with a drug or alcohol test at work:
- Know your rights: Familiarise yourself with your company’s drug and alcohol policy before you’re ever asked to test.
- Stay calm: If you’re asked to test, remain professional and cooperate as required. You can always raise any concerns later through the proper channels.
- Understand the consequences: Refusal may carry the same weight—or worse—as a failed result.
- Ask for support: If you believe a positive result may occur due to prescription medication or a medical condition, it’s better to disclose this before the test rather than after.
In summary – FAQs about testing and refusals
Q: Can my employer force me to take a drug or alcohol test?
A: No one can be forced to undergo testing. However, if your company has a policy in place and you’ve agreed to it as part of your employment, your employer can require you to be tested or initiate disciplinary action if you refuse.
Q: I’m a contractor. Can I be tested too?
A: Yes. If your contractor agreement or the site policy includes drug and alcohol testing conditions, you’re subject to the same rules as employees.
Q: Can I refuse to be tested?
A: Yes, you can legally refuse. But if your workplace policy mandates testing and you refuse, it may be seen as a breach of policy. This can lead to consequences such as suspension, removal from site, or even termination.
Q: What if I fail the test?
A: The outcome will depend on your workplace policy and the circumstances. Some workplaces may offer support or counselling, while others may take disciplinary action. There are workplaces where a failed test could result in loss of job, but these are in the minority.
Q: What should I do if I think the test request is unfair?
A: If you believe the testing request is not in line with the policy or is discriminatory, raise the issue calmly with your supervisor, HR or union. Document the situation if needed.
How long since your drug and alcohol policy was reviewed and updated?
If you’re a workplace manager, owner or HR person, does your company’s drug and alcohol policy include provisions for testing refusal?
At Integrity Sampling, we help organisations across Australia develop and manage effective, compliant workplace drug and alcohol programs, ensuring safety and fairness for everyone. So if you need help creating or updating your drug and alcohol policy, we’re ready to lend a hand.
Contact Integrity Sampling today to find out how we can help.
