Question

Assume that you are planning to develop a policy for your company where you want to introduce drug testing.

Based on the reading, develop a policy which is non-discriminatory and legitimate.

Answer 1

DRUG TESTING POLICY

Employers seeking to reduce occupational injuries may consider adopting a drug-free workplace policy. Components of such programs often include a written statement describing the consequences of alcohol and substance abuse at work, an employee assistance program (EAP) that provides substance abuse counseling and treatment, and drug testing. If an employer seeks to test its employees and job applicants for illegal drugs, it must comply with applicable laws. Most regulations governing this area come from the state and local level, with federal laws mostly limited to certain highly regulated industries, such as transportation and military contracting.

Most employers in the private sector are allowed to test applicants for drug use before they are hired if:

1.They have provided notice that drug testing is part of the application process;

2.They have already offered the applicant the job contingent on passing a drug test;

3.All applicants are tested (no discrimination is applied); and

4.A state-certified lab administers the test.

The employment status of the person being tested determines the level of protection the person receives with greater restrictions placed on the testing of private-sector employees than on job applicants.

Drug-free workplace program that regulates drug testing and gives employers who participate a discount on their workers’ compensation insurance premiums.employers are typically permitted to test after an employee comes back to work after rehabilitation following a positive drug test. They also can test after an accident, based on reasonable suspicion, or even on a random basis. Usually, employees who voluntarily seek treatment for substance abuse cannot be subject to an adverse employment decision unless they have a positive test result or were previously in treatment.

company are not permitted to conduct random drug tests or conduct blanket drug tests. Instead, the employer must have a reasonable suspicion for believing a particular employee is using drugs, or there must be a high risk of injury associated with the job if it is performed by someone under the influence of drugs.

WHEN EMPLOYEE REFUSE FOR DRUG TESTING

EMPLOYEE can refuse to take the test, but there may be unpleasant consequences. Your employer can fire you for refusing to take a test, and there will be no evidence to show you were not on drugs.

What if employee took a drug test, but were unfairly suspended or demoted as a result?

In that case, you may need to retain an attorney to show that your employer or the test-takers didn't meet the requirements of your state's law. This can be difficult because employers have considerable leeway in designing the test-taking conditions, such as requiring you to take the test in a hospital gown to make sure you haven't tampered with the urine sample.