Q. If we see in the local paper that one of our employees has been charged with possession of an illegal substance, is that enough cause to have him take a drug screen? – Ed, Nebraska
A. That depends entirely upon whether the employee works in a state that has a drug testing law that limits when an employer may request a drug test.
You are asking whether news of a recent drug-related arrest constitutes “reasonable suspicion” to request a test, as that term is used in many state drug-testing ordinances. In Nebraska, as in many states, the law requires employers take certain steps to ensure the accuracy of a drug-testing program, but does not limit the circumstances in which you may request a test.
Unless the employee is subject to a more protective collective bargaining agreement that limits when you may test, you should be able to use the news of a recent arrest as reason to request a drug test in this case. Check your state law.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- OSHA loses patience, Freehold executive loses car
- Prepare thorough record if 'Star' employee begins to fall
- HR Specialist releases agenda for Nov. 4-6 conference in D.C.
- New risk: Workers can claim retaliation even if there's no adverse job action