subject: Information On How Drug And Alcohol Testing Becomes Legal [print this page] Employers are keen enough to make sure that their workplace is free from alcohol or drug abuse. They are aware that drug and alcohol abuse will cause ill-health, distract staff production and performance as well as increase the possibility of injuries and accidents.
Because of the risks associated to drug and alcohol abuse in the workplace, companies can implement their own policies to monitor the health of their personnel. This monitoring includes doing legal drug and alcohol abuse tests.
Drug Or Alcohol Screening and Employee Rights
While companies have the right to conduct alcohol and drug screening in the office, this still requires the consent of their employees. Normally, employers have the ground to perform the testing under an occupational health and safety policy as specified in the company handbook or work contract of their personnel. Testing can occur during applicant testing, random testing, planned testing, post-accident testing, and treatment-related testing.
What Happens if an Employee is Positive to Substance Abuse?
In some states, companies are allowed to take disciplinary actions which include dismissal without the need to conduct another testing to confirm the laboratory result. But other states may need a confirmatory screening before companies can take disciplinary actions. In a few states workers who're positive to drug and alcohol abuse is required to enroll in drug and alcohol rehab programs, usually at their expense in drug treatment centers.
Vital Considerations for Companies
Alcohol and drug screening in the office is supported by courts and this is really encouraged in some states. This implies that most private companies have all the freedom to perform the test. However, employers should know the limitations of the examination. They must ensure that the test is conducted for reasonable purposes in a way that it will not violate the law that protects men and women from unreasonable seizure and search.
Companies should also label the urine samples individually and ship them with security to maintain confidentiality. The testing results must only be revealed to them and to their worker after the results are released from their authorized laboratory. Moreover, if companies are doubtful on the legality of the drug and alcohol abuse testing, they can talk with their company lawyer or a business lawyer.
While employers do not need to comply with some legal requirements to perform drug and alcohol abuse testing in their workplace, it can be reasonable to do so. The financial safety of a firm can be protected by this examination.
