Implementing a Drug Testing Program in the Workplace

An effective drug-testing program needs a drug testing policy. This may be part of the organization's drug free workplace policy, or it may be a separate document. It should be distributed to all employees. The best protection against future legal challenges is to write a policy that is as detailed and specific as possible.

Which drugs will be tested for?

Generally, Employers test only for those that are most commonly used and abused: cocaine, phencyclidine (PCP), opiates, amphetamines, and cannabinoids (marijuana). Some employers also test for alcohol. For a cost saving measure, employer may choose only to test for only Ecstasy (methamphetamine), cocaine and opiates, or cannabinords. Any test combination could be ordered for these 5 tests.

Who will be tested and under what conditions?

While the overall drug-free workplace policy should apply to everyone in an organization, the drug testing may apply only to some employees. Therefore, the testing policy should clearly identify the employee positions included in the testing program. The policy should also indicate under what circumstances each position would be tested. Employers who are required to drug test by one or more Federal agencies should refer to the specific regulations to determine the types of testing that are required (i.e., random, post accident, etc). Employers whose employees are members of a union or collective bargaining unit should know that unless drug testing is required by law or regulation, it will likely be a mandatory subject of contract negotiation.

The Consequences of testing positive or refusing to take a test?

Before beginning a drug-testing program, carefully consider how you will handle a positive drug test result. The actions that will be taken in response to a positive drug test should be clearly detailed in the written policy. Although there are many options, common responses include referring the employee for treatment, disciplinary measures, or discharge.

Examples: If an applicant tests positive, she or he is usually denied employment. Some employers will allow the applicant to reapply after a period of time (e.g.,3 months). If an employee tests positive as part of a post-accident or reasonable suspicion test, the first response should be to remove that person from his or her position, especially if the job is safety-related.

An employee who tests positive may be given paid or unpaid leave and referred to the employee assistance program (EAP) or other substance abuse assessment service, if available. Some employers automatically discharge anyone who tests positive. Usually, refusing to provide a sample for testing or attempting to tamper with, contaminate, or switch a sample is considered grounds for discipline or discharge.

Drug Test Procedure

Scheduled or random test should be implemented in test policy. Screening test with questionable results should be confirmed with an established alternative test procedure. The test result should be kept with employment record for references. It is important to have guidelines in place that explain the organization's procedures for appeal should an employee test positive. The appeal process will vary depending on the nature of the work done, State laws, contractual requirements, etc. It is essential, however, to provide written guidelines for how such situations will be handled.