Workplace drug testing has become popular as employers screen their workers to figure out who would be the best candidate for promotion or who is responsible for a workplace problem. Not all testing is legal, however. Several states and municipalities have laws that regulate a random drug test for substance abuse.
Those that do also specify the scientific procedures to which testing labs must adhere. And many of these laws provide ways of dealing with overbroad or abusive workplace drug testing that is simpler, quicker, and less expensive than filing a lawsuit.
Some states also require companies to distribute written policies on drug testing and rehabilitation. Ironically, workers in states that have laws regulating the timing and procedures of drug and alcohol testing may have more protections than those living in states with no testing laws. Employees living in such lawless states, for example, may generally be tested without advance notice.
What are the Guidelines for a Random Workplace Drug Test?
There are seven guidelines for random drug testing in the workplace. The first and single most important step is to include a draft of a written policy. The employer must work with legal counsel to develop and implement a policy in accordance with the state laws. This will notify the potential hires early in the application process and obtain their consent before testing. Conduct a pre-employment test only after making a contingent offer to the potential employee as it is illegal to test without a contingent offer being made first. To avoid claims of discrimination test all, not one.
The employer must abide by the two types of legally accepted drug testing methods. A random drug test, which could create feelings of fear and mistrust within the workplace, is conducted unannounced on all current employees. Reasonable-suspicion testing is conducted when an employee exhibits suspicious behavior of illicit drug use or a possible after an accident occurs, this protects employers from a discrimination claim only if a written policy which clearly defines what constitutes suspicious behavior or accidents.
Employers must comply with state laws and maintain confidentiality. Employers and courts encourage to have an LCA (last chance agreement) in place. In lieu of terminating an employee who tests positive for illegal substances, consideration of providing the employee a final opportunity to comply with the company’s policies with a written policy is a viable way for employees to remain employed after committing an infraction.
What Regulations are there for a Random Workplace Drug Test?
There are regulations in place because employers make repetitive mistakes when conducting workplace drug and alcohol testing. The most common is applying the Department of Transportation’s drug and alcohol testing regulation to all employees and not just the very specific group which does qualify. Some employers don’t realize that state and local drug testing laws vary widely.
As there are five states that do not permit employers to fire an employee who tests positive the first time some jurisdictions regulate disciplinary consequences that may be imposed for testing positive. Employers who have a vaguely written policy leave many questions unanswered such as the type of test conducted and what specimens will be tested and what happens when an employee refuses to be tested.
Applying inconsistent disciplinary consequences for positive test results and failing to conduct reasonable suspicion tests immediately can lead to a lawsuit. Failing to follow through with reasonable suspicion testing after hearing the employee’s excuse or failure to document why the test wasn’t done leaves room for discrimination claims.
How Can Garden State Treatment Center Help You?
Here at Garden State Treatment Center, we offer group therapy, individual addiction counseling, relapse prevention treatment, cognitive behavioral therapy, family therapy, and 12-step addiction treatment. We will look at your health and your life to make an individualized treatment plan that fits your needs and the safest route will be approached.
The medical staff will provide care that is around the clock. We are committed to an evidence-based treatment approach to be able to facilitate a long-term recovery for you. Take the first courageous step on the road to a healthy and happy life and call now for a confidential evaluation.
Published on: 2020-01-08
Updated on: 2024-02-06