Drug testing is one way you can protect your workplace from the negative effects of alcohol and other drug abuse. A drug testing program can deter people from coming to work unfit for duty. It can also discourage alcohol and other drug abusers from joining your organization in the first place.
Some employers believe that a drug-free workplace program and drug testing are one and the same; however, drug testing is only one element of a program. Drug testing may be appropriate for some organizations and not others. In some cases drug testing is required; in others, it is optional. When drug testing is optional, the decision about whether or not to test will depend on a variety of factors such as the cost, appropriateness, and feasibility.
When considering a drug testing program, the first question to ask is, "Am I required to drug test some or all of my employees?" If not, then ask, "Are there other reasons I should consider drug testing?" Below are some of the most frequent reasons employers give for having a drug testing program:
Below are examples of situations in which drug testing might be appropriate or necessary:
An effective drug testing program needs a drug testing policy. This may be part of the organization's drug-free workplace policy, or it may be a separate document. It should be distributed to all employees. The best protection against future legal challenges is to write a policy that is as detailed and specific as possible.
Generally, employers test only for drugs that are most commonly used and abused: cocaine, phencyclidine (PCP), opiates, amphetamines, and cannabinoids (marijuana). Some employers also test for alcohol.
Who will be tested and under what conditions
While the overall drug-free workplace policy should apply to everyone in an organization, the drug testing policy may apply only to some employees. Therefore, the testing policy should clearly identify the employee positions included in the testing program. The policy should also indicate under what circumstances employees in each position will be tested. Employers who are required to drug test by one or more Federal agencies should refer to the specific regulations to determine the types of testing that are required (i.e., random, post-accident, etc.). Employers whose employees are members of a union or collective bargaining unit should know that unless drug testing is required by law or regulation, it will likely be a mandatory subject of bargaining.
The consequences of testing positive or refusing to take a test
Before beginning a drug testing program, carefully consider how you will handle a positive drug test result. The actions that will be taken in response to a positive drug test should be clearly detailed in the written policy. Although there are many options, common responses include referring the employee for treatment, disciplinary measures, or discharge. Examples: If an applicant tests positive, she or he is usually denied employment. Some employers will allow the applicant to reapply after a period of time (e.g., three months). If an employee tests positive as part of a post-accident or reasonable suspicion test, the first response should be to remove that person from his or her position, especially if the job is safety-related.
Several different methods of drug testing are available. Each has its advantages and disadvantages.
An employee who tests positive may be given paid or unpaid leave and referred to the employee assistance program (EAP) or other substance abuse assessment service, if available. Some employers automatically discharge anyone who tests positive. Usually, refusing to provide a sample for testing or attempting to tamper with, contaminate, or switch a sample is considered grounds for discipline or discharge. It is important to have guidelines in place that explain the organization's procedures for appeal should an employee test positive. The appeal process will vary depending on the nature of the work done, State laws, contractual requirements, etc. It is essential, however, to provide written guidelines for how such situations will be handled.
Normally, employers pay for drug tests. Sometimes employers require the employee to pay for the test, and if the results are negative, the employer reimburses the employee. If employees are expected to pay, this should be stated in the written policy.
A clear written description of the procedures that will be used for drug testing should be included either in the drug testing policy or in a separate document. For organizations doing contract work, the procedures may vary from one contract to the next and would best be outlined in a separate document. Here are examples of the type of information to include:
Employers will also want to know these terms:
Many States have drug testing laws that determine what an employer can and cannot do. Resources are available to help you find out if there are any State drug testing laws you must comply with. An attorney with experience in labor and employment issues, or a professional consultant specializing in workplace drug testing can help ensure that the testing rules and procedures as outlined in your policy are in compliance with State regulations. Avoid legal problems by using procedures that are clear, fair, consistent, and documented in a written policy. Because employment decisions based on a test result can be contested, it will be to your advantage to have a detailed policy and to understand the protections that are available to you.
Source:
The Substance Abuse and Mental Health Services Administration
Please be aware that this information is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. CALL YOUR HEALTHCARE PROVIDER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
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