Workplace Investigations: Part 3 of 3: Drug Testing

Legal Drug Testing in the WorkplaceThere’s reason to believe Sandra in Sales is under the influence of something at work each day. She just hasn’t been acting herself lately. But, now what?!

Drug testing is considered a workplace investigation. While some Federal contractors and all Federal grantees are required by law to drug test periodically to ensure a drug-free workplace (under the Drug-Free Workplace Act of 1988), the majority of employers across the U.S. are NOT required to drug test.

Although not required by law to test, most private employers have the right to test for a wide variety of substances. Before requiring an employee to undergo mandatory testing, it’s important that you as the employer have familiarized yourself with various state and Federal regulations that may or may not apply to your organization, and have designed a drug-testing program that is fair and legal. Some state and local governments have statutes that limit or prohibit certain types of workplace testing.

It is critical to have a clear written policy letting employees know about the types of testing that may be done and what will happen to them if a test yields a positive result. This includes all types of pre-employment testing, for-cause testing, reasonable suspicion testing, post-accident testing and random testing.

If you are “in the clear” to test within the workplace, it’s also very important that you keep the results absolutely confidential. The documentation should be kept in the same confidential file of medical information that is used for Americans with Disabilities Act (ADA) purposes.

Does your Company currently have a drug-testing program and policy in place? PEOs  provide professionally written employee handbooks and policies that translate into clear expectations and peak performance within the workplace. If you don’t already work with a PEO and are interested in the co-employment relationship – or – need a second opinion on workplace testing and an existing scenario, contact PEO Advantage today.

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