One of the biggest issues in the instatement of a drug testing policy are the laws surrounding drug tests, which unfortunately do vary between states and regions meaning that a company who has locations in many states around the country – or even internationally. In Several states there are very specific restrictions on the kinds of drug tests that can even be performed for any reason, and some states have very very broad terminology used in the laws which basically give free reign to the company to write up a policy in that state to do whatever they decide they want to do. But because of this there are a lot of drug testing policies that work on the honor system. Entrusting the employee with the responsibility of reporting to their employer any and all potentially dangerous drugs they may be taking. But as with any situation where the honor system is involved, sometimes people lie.

Employers can face a lot of legal issues with regard to employees they suspect may be using an illegal substance. By making an accusation that turns out to be unfounded an employer can be put in quite a bit of hot water as the case may be. Essentially – a disgruntled employee who feels they were wrongly accused can take an employer to court for harassment. Unfortunately this causes a back lash meaning employers are suddenly afraid to test anyone, which seems like a good thing, but ends up causing more harm than good – with no effective drug testing policy a company can take a real beating in productivity.