Hopefully, if your company cares about its employees, your employer would explain the reasons for the policy, how the testing will be carried out, the procedures for consent to testing, the consequences of refusing consent and the type of testing that will be performed and the possibility of medical review of your test results. In addition, a certified agency should carry out the testing, whether it be breath, saliva or urine alcohol testing .
Do you have the right to refuse testing?
Yes, but the consequences if you refuse differ from company to company.
 
Can I get arrested if my drug test comes back positive?
It depends how much of a user you are and other circumstances involved. Are you also a dealer? Were you high when you took the test? Did you come to work that way? Each employer is different on how they handle a positive test. Perhaps you will get a warning, or you just may not be hired, or be let go, depending on the situation.
 
Here are the pros and cons of possible testing procedures that could be asked of you for employee drug testing:
 
Breath Alcohol Testing

Inexpensive
Provides instant results
Accurate only for recent users
Given under supervision
Not as intrusive

Saliva testing:

Doesn’t show metabolites in the saliva as long as they do in the urine or hair
Provides a relatively short window of detection, approximately 10 to 24 hours.
Is taken under supervision to deter tampering
Sample is less invasive then a urine sample

Urine alcohol testing:

Inexpensive
Provides ability to test for several different types of substances
The specimen can be adulterated, substituted, or diluted
Has a small window of detection
Urine can take up to 2 hours before alcohol is present in the system
With EtG testing, urine alcohol tests up to 80 hours only
Intrusive and rather embarrassing form of testing

Hair Alcohol Testing

Probably one of the least intrusive methods
Accurate, safe and fool proof
The only alcohol testing method to prove alcohol consumption of past usage up to 12 months

What is hair alcohol testing?
Hair alcohol testing is also considered one of the least evasive substance tests around. Instead of urine alcohol testing, breath or saliva testing that demands personal body fluids, hair alcohol testing only asks for a small sample of hair, taken from the scalp. This is done by trained nurses that can collect a candidate’s sample discreetly in their home or place of work. As hair grows it absorbs everything we put into our bodies, fed from the bloodstream. What we absorb is stored as chemical markers that are locked in the hair and show a history like watermarks in a canyon, showing the history of time. These markers, including fatty acid ethyl esters, FAEE’s only occur when ethanol alcohol is consumed. The more alcohol an individual consumes, the greater the concentration of these markers in the hair.
So when it comes to employee’s rights, if you still have questions, contact your state or an employment lawyer for assistance.