Drug testing is rapidly becoming a standard part of the job application process in the United States. Due to the prevalence of recreational drugs and the insurance premiums charged to companies to protect from the effects of drugs, it’s becoming an important tool in candidate selection.
Unfortunately, there is no cohesive drug testing law across the country. It’s advisable to get legal advice before implementing any drug testing to ensure you comply with any particular state laws. Many states have taken a stance on drug testing, and not always in favor of the employer, so check the facts.
A drug testing policy should be clear and communicated to everyone in the company. Ensuring there is an easily accessible copy on an intranet or with the policies and procedures for the company so employees have free access to the information at any time.
Drug testing is usually defined in five categories.
- Applicant Testing
- Scheduled Testing
- Random testing
- Treatment Related Testing
- Post-Accident Testing
Applicant testing should be undertaken after an offer has been made in order to comply with ADA (Americans with Disabilities Act). There will have to be a discussion about prescription medication before the test and any company with more than 15 employees is subject to ADA.
Scheduled testing can be performed as part of a regular physical. Laws are sketchy here and only really relate to specific job types. Obtain legal advice for these.
Random testing is exactly as the name suggest. It can be implemented at random times, and random people in jobs where safety and security are an issue. Be careful not to target anyone specifically. They have to be random, not a means to investigate someone suspected of drug abuse.
Treatment related testing can be undertaken if an employee has received treatment for which drugs were prescribed. Some will have side effects, and/or if the employee is in a safety or security critical role can be monitored afterwards to ensure they remain drug free.
Post-accident testing is often undertaken if the employee was subject to an industrial accident. Drugs can cause accidents, and this kind of testing can determine if they played a part in the incident.
As mentioned, different states have different views on drug testing. If you are an employer looking to implement some kind of testing, or an employee about to be subject to it, it’s best to seek legal counsel pertinent to where you live. Anything that affects employees can be a legal and litigatory minefield, so it pays to be careful, whichever side of the situation you’re on.
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