Yesterday, we talked about drug-free workplace programs, issues to consider when creating a program, and federal laws that might apply to such programs. Today, we focus on another important aspect involved in curbing alcohol and drug abuse on the job—alcohol and drug testing.
If you implement a drug and alcohol testing policy, the policy should be written with consideration of the following issues:
When to test. The policy should specify the circumstances under which employees are required to undergo testing to determine whether they are under the influence of alcohol or drugs. For example, an employer may require every employee to undergo such testing for “cause” (i.e., after an accident), or when two supervisors who have been trained to recognize the signs of intoxication believe an employee is under the influence. Employers may choose to implement a random testing policy, or may require employees who have violated the company drug policy to undergo random drug tests in the future. However, note that several states restrict or completely prohibit random testing.
Types of tests. Employers should select from among the various types of tests that may be legally available (e.g., urine, blood, Breathalyzer, hair, saliva).
Who can require a test. The policy should state whether it takes only one supervisor or several managers plus the HR department to make the decision to require the employee to take a medical test.
Applicants. Some employers require applicants, as a condition of hire, to successfully pass a preemployment drug test. Such a test is least controversial when conducted after an offer of employment has been made, and in fact, some states will allow only such applicant testing.
Chain of custody. To use the results of any sample of urine or blood, employers should establish a procedure that ensures that the sample given is the sample tested. Employers may decide to require a sample sufficient to test half of it, preserving the remainder for a later test if the first one is challenged.
Retesting. If the first test is positive, employers should provide an opportunity for a retest. Normally, the first screening test (which is inexpensive) is not very reliable, so a second different, more expensive test should be performed to confirm the results.
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Who will do the testing. The policy should address the question of whether a company physician or an outside medical laboratory will conduct the testing. The policy should also state whether the employee’s physician or a laboratory of the employee’s selection will conduct a retest.
Rehabilitation. Employers should offer rehabilitation as an alternative to discharge and a condition of continued employment but with the provision that an employee in rehabilitation will be discharged if he or she either performs his or her work poorly or fails to make progress in the rehabilitation program. As part of a rehabilitation program, an employer may require an employee to take a medical or personal leave of absence while undergoing treatment.
Confidentiality. The employee’s privacy should be respected in providing samples, and the results of tests should remain confidential. The results should be provided only to those individuals with a “need to know.”
Over-the-counter or prescribed medication. The policy should state that employees who are taking an over-the-counter or prescribed medication may need to advise the employer of that fact.
Interference with drug test. The policy should state what will occur if the employer believes an employee has intentionally interfered with a drug test. For example, an employee may provide an adulterated sample, seek to substitute “clean” urine for his or her own urine, or engage in similar tactics.
Suspension. Because there are usually two drug tests (i.e., a preliminary test and a confirmation test), the policy should address what occurs during the time from the first preliminary positive results until the confirmation test. An employer may want to place the employee on suspension with or without pay.
Consent and release forms. The policy should address whether employees will be required to provide written consent and a release of any claims with respect to the administration of a drug test. In addition, when an employee violates the drug policy and is given a “last chance,” an employer may want to require the employee to sign a form acknowledging this and spelling out what will occur if the individual violates the policy, fails to complete a rehabilitation program, or has a positive result on a future drug test.
Positions tested. The policy should identify those job positions that are subject to drug testing and the type of drug testing. Will drug testing extend to every employee or applicant? Many states have rules for testing that differ, depending on whether the individual to be tested is an employee or an applicant for employment.
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Every course can be tailored with supporting and custom documents. BLR provides supporting documents for courses that include complete slide show notes and the answer key for the included quiz. As the administrator, you have the option of displaying uploaded documents and requiring review before the session begins. This is especially useful for company policies or worksite-specific information. Supporting materials can be added, edited, or removed at any time.
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