How are drug testing programs started?
Be sure your drug testing program is fairly accurate, and legally defensible. Consider conducting both urine and hair testing. However, before setting up the program, you will probably want to consult with an attorney.
Remember that state laws generally require employers to have reasonable or probable cause to believe that the employees being asked to submit to the testing are using drugs on the job or are under the influence of drugs while on the job. Be sure to check State Laws for the laws that apply in your state(s).
In determining whether to institute a drug testing program, ask the following questions:
- Will you test all employees? Executives and hourly employees? If not all, what will be the basis for selection?
- Will the testing be done as part of a routine annual physical, done on a random basis, unannounced or done only for cause?
- How frequently will you test?
- If you test only for cause, how is cause defined? Who will determine it?
- Is the test for cause mandatory? What happens if the employee refuses to be tested?
Drug testing program guidelines
Consider the following guidelines for drug testing programs:
- When doing random testing, test for marijuana and cocaine, at a minimum. After an accident or pursuant to reasonable suspicion of drug use, test for any drug listed in Schedule I or II of the federal Controlled Substances Act.
- Designate a collection site for the collection and temporary storage of specimens to be tested. Record the chain of custody. Only permit authorized personnel in the collection site.
- Allow employees privacy when specimens are being collected unless there is reason to believe individuals may alter specimen being provided. Special precautions should be taken to prevent the altering or dilution of specimens.
- Require laboratories to be secure and to use chain of custody procedures to maintain control and accountability of specimens. Examine specimens upon receipt to make sure they have not been tampered with during the shipping process.
- If an initial test identifies a specimen as positive for drugs, require a confirmatory test to be performed.
- Only use laboratories that are certified and that have quality assurance and control procedures governing each step of the testing process.
- Mandate that all test results be reported to the Human Resources Chief. Review positive test results in light of the individual's medical history. Give an individual with a positive test result an opportunity to discuss the results. Refer the individual to the Employee Assistance Program if necessary.
- Retain the confidentiality of the test results.
The annual policy update is important, especially as the drugs of choice change from year-to-year. Make sure your drug and alcohol policies are up to date and reflect the current trend in drug usage.
Reprinted with permission. © CCH
<p>Before setting up the program, you will probably want to consult with an attorney. Be sure to check state laws for the laws that apply in your state(s). </p>
How are drug testing programs started?
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