Employee Drug Screening: How To Conduct In A Legal, Respectful Manner

If not done properly, drug testing can create a tempest of negative PR and hefty legal fees

. Still, employee drug testing is common because it allows companies to avoid the many difficulties posed by an employee who is under the influence of a mind-altering substance. The government also has an interest in employee drug testing: namely making sure that companies do everything possible to avoid endangering the public at large. Following, you'll find information on how to conduct drug screening in a legal, respectful way.

1. Be Selective About Whom You Test.

Test only "high-risk" employees who could do real harm to others. For example, you would have the protection of the law in testing a gun-toting security guard, but your decision to test a secretary could be much less likely to stand up in court. You should have well-justified reasons to test a certain employee (for instance, you and other employees have smelled alcohol on his or her breath), and you should be chiefly acting out of concern for employee and public safety.

2. Understand the Varying Legal Precedence for Each Illegal Substance.

It's smart to consult with your attorney about the different laws regarding each substance in your state. Here are a few general guidelines per drug:

Illicit Drugs. Illegal drug use while on the job is not protected by legal standards, so let your own discretion guide you in this area.

Alcohol. Make sure your employee manual explicitly bans the use of alcohol on the job. This will give you the leeway to follow regular disciplinary procedures when a worker is plainly intoxicated. If an employee's off-site alcohol consumption is impairing his or her performance, you must be able to show that performance standards are not being met.

Prescription Drugs. Turn to your counselor for local advise on this topic; laws on workers' prescription drug use vary from state to state.

To stay in the clear, recall that you might have to pay awards in court if your worker can convince a jury that your drug testing program acted against their privacy rights or in violation of drug screening regulations.

3. Set Crystal Clear Expectations.

Clearly communicated drug screening protocols will also bring you some wiggle room in court. Thoroughly describe your drug screening procedure in your employee guidebook, and ask each worker if he or she has any questions about it. Then have the new hire (or old employee if you are adopting a new program) sign that they have read and understood the drug testing policy. This document should describe the mental capacities and public interactions required by the employee's position, which will help you figure out if drug testing is necessary later. Ensure that each of your workers understands how, when, and why employee drug testing will be conducted.

4. Perform Legally Sanctioned Drug Testing.

Choose a drug testing facility that has earned the approval of both your state heath agency and the US Department of Health and Human Services. Uphold the dignity and privacy of each employee in your drug screening procedures. By no means should you disseminate employee drug testing records - protect their confidentiality. For each case, carefully record why you felt drug screening was needed, and how it was carried out. Last, be regular in your reaction to affirmative test results.

by: Thomas Winthrop

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