TAKEAWAY: When it comes to the laws surrounding occupational testing, different states have different rules. Here’s a look at Texas State occupational testing laws.
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Regarding the laws surrounding occupational testing, different states have different rules. These rules can, in some cases, supersede or even exceed some federal occupational testing regulations. Federal statutes remain the gold standard in other situations, notably with the Americans with Disabilities Act (ADA) and Department of Transportation (DOT) regulations. Knowing the laws that apply in the states your workers work in is crucial.
In many states, regulations lean towards additional protections of employee rights, and employers must acknowledge and adhere to these rights in their workplace health and safety protocols. In Texas, however, very few rules infringe on federal requirements. Most rules surrounding occupational testing in Texas default to existing federal legislation.
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Occupational Drug Testing in Texas
Unlike many other states, Texas has not passed legislation restricting employers’ right to require drug testing for their employees. Texas does require that companies employing at least 15 people put in place comprehensive drug reduction policies and provide a copy of these policies to its employees to sign. Employers are prohibited from drug testing any workers who refuse to sign, but workers who refuse to sign may also be fired.
While there are virtually no restrictions on the rights of private employers in Texas to launch a drug and alcohol testing program with their workers, government employers may face some restrictions. Recent court decisions have indicated that employers may need a compelling justification for random testing under Texas search and seizure laws.
As with federal laws, recreational marijuana is not legal in Texas. However, Texas has recently enacted legislation reducing legal restrictions on the use of legal marijuana to treat specific medical conditions that may be of interest to employers in creating their drug and alcohol policies.
Duty to Accommodate
Again, Texas law does require that employers with 15 or more employees provide reasonable accommodations to qualified employees or applicants for jobs. This requirement also applies to government employers regardless of the number of employees. However, this duty to accommodate can be waived if it presents undue hardship to the employer. Courts may consider both the cost of accommodations and the availability of accommodations in determining undue hardship. Finally, laws in Texas prohibit courts from awarding damages against employers who can demonstrate that they have made a good-faith effort to accommodate an employee with a disability.
Pre-Employment Tests and Examinations
Texas law is largely silent for pre-employment tests and exams and defaults to existing federal legislation such as Equal Employment Opportunity Commission (EEOC) and the ADA. Broadly, these laws ensure that pre-employment tests and examinations are job-related and non-discriminatory and are delivered consistently. EEOC and ADA laws also govern when employers can require medical tests of applicants and when they must offer accommodations.
Audiometric Testing and PPE requirements
Texas largely relies on federal statutes regarding audiometric testing and personal protection equipment (PPE). However, there are some additional requirements for audiometers and those who use them. Texas law requires that all audiometers be registered and calibrated annually. Anyone using an audiometer must register with the Texas Department of Social and Health Services. Registrants are required to:
- be a licensed audiologist or speech-language pathologist,
- be licensed to fit and dispense hearing aids,
- be a licensed physician,
- complete six hours of audiology courses at an accredited university or complete a hearing screening workshop sponsored by DSHS.
Hearing PPE defaults to federal laws, as do the rules for allowable noise limits.
Lung Health Testing and Monitoring
In Texas, federal statutes govern respirator fit testing as well. Pulmonary function testing is similar, although there are a few additional clarifications in Texas law, including that this testing must be interpreted by a physician who:
- who is licensed in this state or another state of the United States;
- who is board certified in pulmonary medicine, internal medicine, or occupational medicine; and
- whose license and certification were not on inactive status at the time the testing was interpreted.
- Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
Mental Health and Wellness
People with mental health disabilities are afforded the same rights provided under federal statutes such as the ADA. In addition, Texas laws state that all public employers and private employers with more than 15 employees cannot discriminate based on disability in hiring, firing, training, or concerning compensation or conditions of employment.
Looking for a provider to service your needs in Texas?
SureHire has a large network of testing facilities in the US, including a one-stop shop to service the Midland-Odessa Area.
Contact us to speak with a member of our team today!
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