Drug testing has been popular in the workplace since the introduction of background screening. Many organizations perform pre-employment drug testing before recruits can start working. Other organizations perform post-hire drug testing because of workplace accidents, reasonable suspicion, and more.
According to a report by the Substance Abuse and Mental Health Services Administration (SAMHSA), over 75% of substance abusers are working. The prevalence of drug abuse in the workplace poses several risks to employers. Besides the safety, regulatory, or legal risks, drug abuse among employees could reduce productivity and increase the costs incurred by employers on workers and medical costs.
Many organizations include regular drug testing in their employment screening program to mitigate the risks and costs associated with drug abuse in the workplace. Employers should incorporate these practices when creating or reviewing their regular drug testing programs.
Evaluate Your Testing Options
The US Department of Labor indicates that most US employers don’t have to conduct drug testing. Moreover, many local and state governments have enacted statutes prohibiting or restricting workplace testing unless mandated by Federal or State regulations for specific jobs.
Typically, there are two primary forms of legal options you can choose to administer a drug test in Louisville KY, and elsewhere:
- Random drug testing. Random drug testing is conducting a drug test announced on every employee or a particular category of employees, like those who drive company vehicles. This drug testing is the perfect deterrent against substance abuse since no individual knows when they’ll be tested. The challenge with this option is that it breeds mistrust and fear within an organization.
- Reasonable-suspicion testing. This drug testing is performed when a specific worker displays behavior that suggests they’re under the influence of an illicit drug. It can also be performed if the employee gets involved in or causes an accident. Reasonable-suspicion drug testing helps avoid developing a “Big Brother’ work environment and reduces company costs by only testing workers who are deemed suspicious.
Increase Frequency and Reach
Many organizations conduct drug testing pre-employment and shortly after the commencement date. However, employers should expand the frequency and reach of their testing programs. They should test the entire workforce, including extended workers and volunteers.
Besides drug testing the whole workforce, employers should combine pre-employment and random tests. In turn, employers can identify employees who abuse drugs after being hired. Also, if the organization only tests the individuals it deems suspicious, it may be considered by some as discrimination based on gender, race, and other protected status.
Collaborate with a Specialized Screening Provider
When planning to conduct a regular drug test program, it’d be best if the employers exercised all precautions to cushion their organization from compliance and legal risks. When you partner with a trusted on-demand drug test service provider, companies can leverage their compliance resources and tools to stay compliant. Although some organizations carry out their drug testing programs internally or through drug testing laboratories, it exposes them to potential risks.
Hiring a third-party drug testing provider can help a company enforce its policies, encourage anti-discriminatory testing, and comply with federal and state requirements.
Have a Documentation Policy
Documenting every document in the drug testing program helps protect your business from any consequences in case of legal scrutiny. For example, let’s say an employee chooses to file a legal lawsuit against your organization’s alcohol and drug testing processes. In this situation, thorough and complete documentation of your testing procedures could significantly affect the lawsuit’s outcome.
Carry Out Pre-Hiring Testing
Pre-hiring is the most legally supported type of drug testing and should be administered to every applicant during the screening process. However, the employer should only request and administer the drug test after the conditional employment offer has been presented to the applicant.
In many countries, including the US, it’s against the law for an employer to administer a drug test to an applicant before being issued the contingent offer.
Maintain Discretion
Any medical information regarding employees, including drug tests, must be kept private. Collecting employee samples unobtrusively and privately is the best to uphold confidentiality in drug testing. You should also discuss positive results and potential consequences privately with the employee.
Consider Giving Employees a Last Chance Agreement
Organizations often have several measures to be carried out once an employee fails a drug test, including employment termination. Instead of terminating an employee when they test positive for illegal drugs, it would help offer the employee the final opportunity to adhere to the organization’s policies. You can add a Last Chance Agreement (LCA) to the written policy.
These agreements are increasingly being adopted in the human resource industry and legal courts. They are becoming popular because they offer employees a viable solution for retaining their employment when they commit an infraction. These agreements also preserve the company’s right to terminate an employee’s contract should they violate its terms.
Final Thoughts
Although it’s legal for employers to carry out drug testing at the workplace, laws tend to vary and must be approved by your legal team. It’s best to have a documentation policy, so job applicants are informed that they’ll be drug tested. Remember that you can only administer a drug test after presenting the contingent offer to the applicant.
Employers should carefully pick between reasonable-suspicion drug testing or random testing. Either way, they should keep all the medical information confidential. Lastly, it’s essential to give employees an opportunity for rehabilitation and treatment. In turn, it will help to promote trust in the organization.
