Pre-Employment Drug Testing Laws Explained
It can be difficult for hiring managers to stay up-to-date on employment drug test laws. Find out how to remain compliant, consistent, and fair in your hiring practices.
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Sara Korolevich
13 min read
Drug testing is often a routine step in the pre-employment screening process — and for a good reason. Drug use on the job can cause accidents, conflicts, and liability issues that could be avoided if companies are able to identify drug use early on.
A 5-panel drug test is a type of drug test employers can use to detect prescription or illicit drugs. Read on to learn how the test works, what it screens for, and drug testing laws that candidates and employers should know.
A 5-panel drug test screens for five types of illegal substances and commonly abused prescription drugs. Typically, a urine sample is collected for the 5-panel drug screening, but sweat, hair, blood, or saliva may also be tested.
A 5-panel drug test may be used as part of a pre-employment background check, such as for positions regulated by the Department of Transportation (DOT). However, 5-panel drug tests are not typically used for other regulated industries, such as law enforcement, healthcare, or government, where more in-depth screenings are often required.
Employers that use 5-panel drug testing can choose to work with a qualified background check provider, like GoodHire, for background checks. This not only helps ensure efficient and accurate testing, but can help employers stay compliant with all federal, state, and local drug testing laws.
A 5-panel drug test identifies metabolites in an individual’s system, which are chemicals that remain after your body metabolizes certain substances, such as food or drugs. They typically screen for metabolites linked to the following drug types:
Although 5-panel tests do not screen for the presence of alcohol, labs may offer an add-on to include alcohol detection. Before using a 5-panel drug test, employers in states where marijuana is decriminalized or legalized should be aware of any local regulations regulating testing for marijuana – especially with rapidly changing legislation.
How far back a 5-panel drug test can go depends on the type of sample taken, the type of drug used, and the frequency of use. Some types of drugs may have a longer detection period when used frequently. For example, people that smoke marijuana occasionally may have no detectable THC in their system after only a few days. However, in heavy marijuana smokers, THC may be detectable in urine for several weeks. Alcohol can also have an effect on the metabolism of drugs and vary drug detection time frames.
Below is an approximate breakdown of how long a drug may be detectable in a urine drug test.
Substance | Detection Time Frame |
---|---|
Amphetamines | 48 hours |
Cocaine | 2-4 days |
Marijuana | 2-3 days for light smokers; 5 days for moderate smokers; 10 days for daily smokers; up to 28 days for chronic smokers |
Opiates | 2-3 days |
Phencyclidine | ~8 days, or up to 30 days for chronic users |
The following are estimated time frames that drugs may be detectable in blood, saliva, and hair:
Substance | Blood | Saliva | Hair |
---|---|---|---|
Amphetamines | ~12 hours | 24-48 hours | up to 90 days |
Cocaine | 1-2 days | up to 72 hours | up to 90 days |
Marijuana | up to 2 weeks | up to 24 hours | up to 90 days |
Opiates | up to 24 hours | up to 4 days | up to 90 days |
Phencyclidine | 1-4 hours | 1-3 days | up to 90 days |
The results from a 5-panel drug test are typically ready a few business days after the sample is received by the lab. The final report will show a positive, negative, or inconclusive result for each of the five substances. Here is a closer look at how to read 5-panel drug test results:
Before pre-employment test results are sent to an employer, they are typically reviewed by a Medical Review Officer (MRO) to confirm positive test results or ensure that it was not a false positive. MROs are licensed physicians who are trained and certified to review and validate lab test results.
When results are questionable, the MRO may reach out to the candidate to discuss if they have taken any physician-directed prescription drugs or eaten any foods that could affect results. Or, they may order confirmatory testing to rule out a false positive. After the MRO has completed the review, employers are given the positive or negative test certification. At this time, the candidate can choose to dispute the findings or request further explanation of their test results.
While federal law does not prohibit employer drug testing of candidates and existing employees, employers are still required to stay compliant with federal, state, and local fair hiring practices, which include drug testing regulations. Here is a closer look at the key laws employers may need to know:
A 5-panel drug test screens for commonly abused prescription medications and drugs, including amphetamines, phencyclidine, cocaine, opiates, and marijuana.
Urine lab tests can detect the presence of some drugs from two to 28 days, depending on the substance and frequency of use. Hair samples can detect drugs for up to 90 days, while saliva and blood tests may only be able to detect the presence of drugs for just a few hours or up to a few days, depending on the substance.
Urine testing is often the industry standard for conducting drug tests. However, blood, saliva, and hair may also be used for 5-panel drug tests.
Yes. 5-panel drug tests are typically conducted using a candidate’s urine sample, however sweat, hair, blood, or saliva may also be tested.
No, a 5-panel drug test does not screen for or detect alcohol. However, if the test taker drinks alcohol, it could affect the results.
Yes. A 5-panel drug test screen includes marijuana. When conducted using a urine lab test, a 5-panel drug test can detect marijuana for two to three days for light smokers; five days for moderate smokers; 10 days for daily smokers; and up to 28 days for chronic smokers.
No. 5-panel drug tests do not test for steroids. They only test for the presence of amphetamines, phencyclidine, cocaine, opiates, and marijuana.
Drug testing can help employers make informed hiring decisions, while promoting a safer work environment, and mitigating risk. Partnering with a professional employment screening provider, like GoodHire, can streamline the entire background check process, including drug testing, while supporting compliance with applicable federal, state, and local laws. GoodHire offers a suite of drug testing options, including a 5-panel test, with fast, accurate test results verified by a Medical Review Officer. Get started.
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
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As GoodHire’s managing editor, Sara Korolevich produces educational resources for employers on a variety of employment screening topics, including compliance and screening best practices, and writes about GoodHire’s company and product news. Sara’s experience stems from 20+ years working as a B2C and B2B PR and communications professional.
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