When drug abuse isn’t an obvious problem in the workplace, it’s easy for employers to develop a cavalier attitude about it. That’s not smart.
Even isolated incidents of drug abuse can cause dangerous safety conditions, injuries and shoddy work. It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done.
Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.
Develop a drug abuse policy
Your first line of defense is a policy clearly stating that you don’t tolerate illegal drug use at work. Include your policy in your employee handbook, post it conspicuously and communicate it to your employees frequently.
It should spell out your rules and the consequences for employees who violate them. State thatreserves the right to revise the drug policy at any time.
Consistently enforce your drug policy, without regard for employee rank or position. Your attorney should review your policy to ensure it complies with federal, state and local laws.
Sample policy: You can find a sample employer policy on drug use, drug testing and confidentiality at www.theHRSpecialist.com/drugs.
Conduct drug testing legally
For many employers—especially those whose employees perform dangerous work—it makes sense to test employees to make sure they’re not using illegal drugs. Blood and urine analyses are the most common tests.
But be careful: Drug testing can be a legal minefield, and employers that don’t administer tests properly can easily find themselves in court.
That’s why most employers outsource drug testing. Reputable outside laboratories have the expertise to perform tests reliably and legally.
It’s your obligation to conduct due diligence when choosing a lab. Ask about its quality-control procedures. Does it carefully handle blood and urine samples to prevent mix-ups? How long does it keep records? You’ll need to know the answers if an employee challenges your testing procedures in court.
Note: If your organization conducts pre-employment drug tests, be sure to say so on your job applications. If you routinely test employees, be sure your policies specifically state that remaining drug-free is a condition of employment.
When can you test?
About a third of states have laws regulating employee drug testing. Be sure to check your state law before beginning a testing program.
Based on court and arbitration rulings, companies appear to be safe in administering drug tests in three situations:
- Pre-employment, following a conditional job offer (provided your state law doesn’t prohibit this).
- During a fitness-for-duty test of an employee who has .
- After the occurrence of a preventable accident that might have been caused by drug abuse.
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